November 4, 2020
RE: RFP Number:
Heat Seal Machine & Accessories – Red Clay
Consolidated School District
Date/Time of RFP Opening: December 9, 2020 at 2:00 PM
The Central Bidding Department of the Colonial and Red Clay Consolidated School Districts will receive
sealed proposals for the above referenced bid (via email only to firstname.lastname@example.org ) until the time and date
stated above when they will be publicly opened online (meeting information available upon request by
Enclosed are General Instructions to Bidders and Specifications, which I strongly encourage you to be fully
aware of when submitting a proposal. The enclosed Proposal Form must be used in submitting a proposal.
The General Instructions to Bidders, Special and/or Specifications are to be returned only if you wish to take
exception to anything contained therein. You should retain these documents (or copies) for information in the
event you are a successful bidder.
If you have any questions concerning the enclosed information, please contact me.
Emily L. Ryan
Coordinator – Administrative Applications & Central Bidding
Data Service Center
DATA SERVICE CENTER
CENTRAL BIDDING DEPARTMENT
COLONIAL SCHOOL DISTRICT
RED CLAY CONSOLIDATED SCHOOL DISTRICT
GENERAL INSTRUCTIONS TO BIDDERS
THE GENERAL RULES AND CONDITIONS WHICH FOLLOW APPLY TO ALL PURCHASES AND BECOME A PART
OF EACH CONTRACT OR PURCHASE ORDER. BEFORE SUBMITTING ITS BID, THE BIDDER MUST REVIEW ALL
INSTRUCTIONS AND SPECIFICATIONS. A BIDDER'S MISINTERPRETATION OR IGNORANCE OF SUCH
INSTRUCTIONS OR SPECIFICATIONS WILL NOT EXCUSE THE BIDDER FROM COMPLYING WITH THE
INSTRUCTIONS AND SPECIFICATIONS. THE BIDDER MUST ALSO REVIEW APPLICABLE STATE LAWS. IF
THESE INSTRUCTIONS OR THE BID SPECIFICATIONS ARE INCONSISTENT WITH STATE LAW, STATE LAW
NOTE: "District(s)" refers to the Colonial and Red Clay Consolidated School Districts, individually or collectively as
indicated in the Special Instructions or Specifications.
Use the enclosed Proposal Form in submitting a Bid Proposal. The Bid Proposal must be dated and signed by
an authorized representative of the bidder. A Request for Bids for Red Clay Consolidated, and/or Colonial
School Districts received from any source other than the Central Bidding Department may not be complete or
current. When you are made aware of an existing Request for Bid, you should contact this office for the bid
All Bids must, prior to the time set for the public opening, be returned to the Data Service Center, Central
Bidding Department, 168 S. Dupont Highway, New Castle, DE 19720, in the enclosed pre-addressed
envelope with the bidder's name, bid number, and time and date of the bid opening appearing on the envelope.
All bids must be in sealed envelopes.
"RFP" - REQUESTS FOR PROPOSALS
When the use of competitive sealed bidding is either not practicable or not advantageous to the District, a
procurement may be effected after receipt of a response to a "Request For Proposal" ("RFP"). The "RFP"
differs from a "Bid" in that offerors submitting proposals may be afforded an opportunity to discuss and revise
proposals. Revisions may be permitted after submissions of proposals and prior to award for the purpose of
obtaining best and final offers. Negotiations may be conducted with responsible offerors who submit proposals
reasonably likely to be selected for award.
The contents of any proposal shall not be disclosed so as to be available to competing offerors during the
negotiation process. The award shall be made to the offeror(s) whose proposal is most advantageous to the
District(s), taking into consideration the evaluation factors set forth in the RFP. The award may be made upon
criteria which do not include price.
In the case of any public works contract for the construction, re-construction, alteration or repair of any public
building or other public improvement of any District, there shall be a meeting of all prospective bidders and of
the District called by the District upon reasonable notice and at a place and time stated in such notice which
meeting shall be at least 15 days before the date for the submission of bids (29 § 6962(d)(10)a Delaware
Pre-bid meetings for non-public works contracts and for public works contracts that do not exceed $50,000 in
value, and attendance requirements for such meetings, shall be at the discretion of the District(s).
DELIVERY OF BID PROPOSALS
Sealed Bid Proposal must be received in the Central Bidding Department, 168 S. Dupont Highway, New
Castle, DE 19720, prior to the time set for the Bid Opening. It is the responsibility of the Bidder to make certain
that the Bid Proposal is in the Central Bidding Department prior to the time set for the Bid Opening. The
District(s) accepts no responsibility for any bid entrusted to the United States Postal Service, or any other
delivery service or company. Bid Proposals not received in the Central Bidding Department by the time set for
the Bid Opening will not be considered.
Bids will be publicly opened in the Office of Central Bidding, Data Service Center, 168 S. Dupont Highway,
New Castle, DE 19720 or other designated location at the time designated on the Proposal Form, and in the
Advertisement for Bids. The purpose of the opening is to reveal the names of those bidders submitting
proposals. The opening is not to serve as a forum for determining the responsiveness of each bid, or the
apparent low bidder. Additional information shall be disclosed at the discretion of the Districts.
The contents of any "Request For Proposal" will not be disclosed at an opening so as not to interfere with the
negotiation process. Only the names of those submitting proposals shall be revealed.
POLICY AND PROCEDURE FOR THE EXAMINATION AND COPYING OF PUBLIC RECORDS
Title 29 § 10003 Delaware Code Freedom of Information Act
All public records shall be open to inspection and copying by any citizen of the State during
regular business hours by the custodian of the records for the appropriate public body.
Reasonable access to and reasonable facilities for copying of these records shall not be
denied to any citizen. If the record is in active use or in storage and, therefore, not available
at the time a citizen requests access, the custodian shall so inform the citizen and make an
appointment for said citizen to examine such records as expediently as they may be made
available. Any reasonable expense involved in the copying of such records shall be levied
as a charge on the citizen requesting such copy.
It shall be the responsibility of the public body to establish rules and regulations regarding
access to public records as well as fees charged for copying of such records.
(60 Del. Laws, c. 641 § 1.)
Examination of Contract File
Any citizen of the State or bidder may review the contract file only after making an appointment to do
so with the Central Bidding Office. Requests to review the records during an unannounced office visit
may be denied if department personnel are busy, or if the file is in active use. Trade secrets and
commercial or financial information of a privileged or confidential nature shall not be deemed public.
Requests for Bid Tabulations
Copies of a bid tabulation may be obtained from the Data Service Center either by mail after receipt of
a written request and a self-addressed and stamped envelope, or by making an appointment to pick
up copies that will be left at the Receptionist's desk. Bid tabulation and/or contract information other
than the name of the successful bidder will not be given out over the telephone. Requests for bid
tabulations during an unannounced office visit may be denied if work flow of department personnel
will be disrupted.
The Data Service Center reserves the right to charge a reasonable fee for the copying of any public
record. Such charges must be paid to the Data Service Center prior to receiving the copies.
STATUS OF PROPOSALS
Unless otherwise stated in the Special Instructions or on the Proposal Form, the Proposal submitted
by bidders shall be binding for a period of 60 days from the date the bids are opened. Requests for
Proposals shall be binding for a period of 90 days.
Bids may be withdrawn up to the time of the bid opening upon request of the bidder. Such a request
must be in writing and received by the Manager of Central Bidding prior to the time stated for the bid
opening. Timely requests submitted by facsimile or telegram will be honored.
Waiver - The District(s) reserves the right to waive any failure to conform to the instructions or
specifications if the waiver: (1) does not involve a mandatory statutory requirement; (2) does not
provide a competitive advantage to one or more bidders; and (3) is in the best interest of the
Bidders may take exception to the terms and conditions of the instructions and/or specifications.
Exceptions must be submitted prior to the opening of bids. Exceptions that do not conform to State
bid law and/or create inequality in the treatment of bidders will be rejected. The bid of a bidder taking
exception may be rejected if the District(s) rejects the exception.
AWARDING OF BIDS
The District(s) reserves the right to award the bid to the lowest qualified bidder meeting specifications
by item, in total, or any other method, whichever is deemed by the District(s) to be in its best interest.
The District(s) reserves the right to award the bid to 2 or more firms if the advertisement for bids
notifies bidders of the right of the District(s) to make such an award and the criteria for such an award.
The District(s) reserves the right to reject any and all bids, in whole or in part, to make partial awards,
to waive any irregularity, to reasonably increase or decrease quantities where estimated quantities are
shown or where definite quantities are shown, and may reject any bid which indicates any omission,
contains alteration of form or additions not requested or imposes conditions, or where the individual
bidder should receive a total award of less than $500.00, or offers alternate items, and make any
award which is deemed to be in the best interest of the District(s).
In the event of tie bids, the District(s) will decide which bidder is to be awarded the contract by any
criteria of its choice.
The contract shall be awarded by the District(s) and it's Board(s) within 60 days after the opening of
bids. Failure to do so shall be cause for rejection of all bids. Responses to Requests for Proposals
shall be awarded within 90 days after the opening of Proposals. Failure to do so shall be cause for
rejection of all proposals.
All bid deposits are waived for contracts valued at less than $25,000.00. Deposits are required for contracts for
materials or services in excess of $25,000.00 unless the bid specifications state that bid deposits are waived.
All public works contracts in excess of $50,000.00 require a deposit. All bids shall be accompanied with a
deposit of either a good and sufficient bond to the State of Delaware for the benefit of the District involved, with
corporate surety authorized to do business in this State, for a sum equal to 10% of the bid, or in lieu of the bid
bond a security of the bidder assigned to and approved by the District. Bidders are advised that they may
obtain written confirmation from the Data Service Center for the acceptance of a security deposit other than a
bond, prior to the submission of the bid. The bid bond need not be for a specific sum but may be stated to be
for a sum equal to 10% of the bid to which it relates and not to exceed a certain stated sum, if said sum is equal
to at least 10% of the bid. All bidders shall submit a separate bid deposit for each proposal. Where all four (4)
Districts are named in a proposal, a single bid deposit drawn to the order of the Brandywine School District, will
be acceptable. Upon the execution of a formal contract and necessary bonds, the bid deposit will be returned
to the successful bidder. The deposit of the unsuccessful bidders will be returned to them immediately upon
the awarding of the contract, or the rejection of all bids.
FORMAL CONTRACT AND/OR PURCHASE ORDER
The successful bidder shall execute the formal contract, and also the required bonds, within twenty
(20) days after the award of the contract. In the event any successful bidder refuses or neglects to
execute a formal contract or required bond within (20) days of the awarding of the contract, the bid
deposit of the successful bidder may be taken and become the absolute property of the State for the
benefit of the named District(s), as liquidated damages, and not as a forfeiture or as a penalty, and
shall be deposited with the State Treasurer, and the District(s) will award Contract to the next lowest
bidder or re-advertise for new bids. The District(s) will proceed to collect on the bid deposit. The
District(s) waives all formal contracts on contract awards of less than $5,000.00; the obligations of the
bidder shall be set forth in the bid specifications, these General Instructions, and any special
instructions. No bidder or Vendor is to begin any work until it receives a State of Delaware Purchase
Order signed by two authorized representatives of the District(s), properly processed through the
State of Delaware Accounting Office. The Purchase Order shall serve as the authorization to proceed
with work in accordance with the bid specifications and the special instructions.
The formal contract or purchase order shall incorporate by reference these General Instructions, as
well as the Special Instructions and Specifications and the bidder's Proposal.
If a bid is submitted to more than one District, each such District awarding the bid shall enter into a
separate contract with the low, qualified bidder.
PERFORMANCE AND PAYMENT BONDS
Performance and payment bonds are required for materials or non-professional service contracts,
unless reduced or waived as stated in the bid specifications. Contracts for less than $25,000 may
contain a waiver of the bond requirement provided the successful vendor posts with the State an
irrevocable letter of credit or other suitable or readily collectible financial security for the project. Such
letter of credit or other security shall be issued for a term commencing simultaneously with the
execution of the formal contract and terminating no later than 3 years, subsequent to the date of
delivery of such material or non-professional service or to the extent of the warranty period, whichever
is greater. In no event shall such security expire without the express written approval of the State.
When required, the successful bidder shall simultaneously with the execution of the formal contract,
execute a good and sufficient Performance and Labor and Materials bond to the State of Delaware for
the benefit of the District(s), with corporate surety authorized to do business in this State, in a sum
equal to 100 percent of the contract price.
Performance and payment bonds are required for public works contracts. The successful bidder shall
simultaneously with the execution the formal contract, execute a good and sufficient Performance and
Labor and Materials Bond to the State of Delaware for the benefit of the District(s) with corporate
surety authorized to do business in this State, in a sum equal to 100 percent of the contract price.
Contracts may contain a waiver of the bond requirement, provided, however, that the successful
bidder post with the contracting Agency an irrevocable letter of credit or other suitable or readily
collectible financial security for the project. Such security shall be subject to the terms and conditions
of the contracting District.
The bond when required shall be conditioned upon the faithful compliance and performance by the
successful bidder of each and every term and condition of the contract and the proposal and
specifications at the time, and in the manner prescribed by the contract and specifications including
the payment in full to every person furnishing materials or performing labor in the performance of the
contract, of all sums of money due him for such labor or materials. The bond shall also contain the
successful bidder's guarantee to indemnify and save harmless the State and the District(s) from all
cost, damages, and expenses, including attorneys fees, growing out of or by reason of the successful
bidder's failure to comply and perform the work and complete the contract in accordance with the
The District(s) will, when it considers that the interest of the State so require, cause judgment to be
confessed upon the bond. All sums received through confession of judgment shall be paid to the
State Treasurer for the credit of the District(s).