SUBMIT BID TO:
UNIVERSITY OF FLORIDA
971 ELMORE DRIVE
ELMORE HALL, Room 102
PO Box 115250
GAINESVILLE, FL 32611-5250
Phone: (352) 392-1331 - FAX: (352) 392-8837
Web Address: procurement.ufl.edu
INVITATION TO BID
Page 1 of 13 Pages
UNIVERSITY MAILING DATE:
BID WILL BE OPENED ON Tuesday, October 23, 2018, at 3:00 P.M., UF
Procurement Services, Elmore Hall, Conference Room 101, 971 Elmore Drive,
Gainesville, FL 32611, and may not be withdrawn within 45 days after such date
and may not be withdrawn within 45 days after such date and time. Questions are
due by Tuesday, October 16, 2018 before the close of business (5:00 pm EST).
Markforged Metal X 3D Printer, SINTER-2, and related items
VENDOR MAILING ADDRESS
REASON FOR NOT SUBMITTING BID
CITY - STATE - ZIP CODE
AREA CODE TELEPHONE NO.
POSTING OF BID TABULATIONS
Bid tabulations with intended award(s) will be posted electronically for
review by interested parties at procurement.ufl.edu and will remain posted
for a period of 72 hours excluding Saturdays, Sundays, or state holidays.
Failure to file a protest in accordance with Board of Governors (BOG)
Regulation 18.002 or failure to post the bond or other security as required
in the BOG regulations 18.002 and 18.003(3), shall constitute a waiver of
I certify that this bid is made without prior understanding, agreement, or
connection with any corporation, firm or person submitting a bid for the same
materials, supplies, or equipment and is in all respects fair and without collusion or
fraud. I agree to abide by all conditions of this bid and certify that I am authorized
to sign this bid for the vendor and that the vendor is in compliance with all the
requirements of the Invitation to Bid, including but not limited to, certification
requirements. In submitting a bid on behalf of the Board of Trustees, hereinafter
known as the University, the vendor offers and agrees that if the bid is accepted
the vendor will convey, sell, assign, or transfer to the University all rights, title and
interest in and to all causes of action it may now or hereafter acquire under the
Anti-trust laws of the United States and the University for price fixing relating to
the particular commodities or services purchased or acquired by the University. At
the University’s discretion, such assignment shall be made and become effective
at the time the purchasing agency tenders final payment to the vendor.
AUTHORIZED SIGNATURE (MANUAL)
NAME AND TITLE (TYPED)
SEALED BIDS: All bid sheets and this form must be executed and submitted in a
(b) DISCOUNTS: Vendors are encouraged to reflect trade discounts in the unit
sealed envelope. (DO NOT INCLUDE MORE THAN ONE BID PER ENVELOPE.) The
prices quoted; however, vendors may offer a discount for prompt payment. Prompt
face of the envelope shall contain, in addition to the above address, the date, and time
payment discounts will not be considered in the bid award. However, every effort will
of the bid opening and the bid number. Bids not submitted on the attached bid form
be made to take the discount within the time offered.
shall be rejected. All bids are subject to the conditions specified herein. Those which
(c) MISTAKES: Vendors are expected to examine the specifications, delivery
do not comply with these conditions are subject to rejection.
schedule, bid prices, extensions, and all instructions pertaining to supplies and
services. Failure to do so will be at vendor's risk. In case of a mistake in extensions the
1. EXECUTION OF BID: Bid must contain an original manual signature of
unit price will govern.
authorized representative in the space provided above. Bid must be typed or printed in
(d) INVOICING AND PAYMENT: Payment will be made by the University of Florida
ink. Use of erasable ink is not permitted. All corrections to prices made by vendor must
after the items awarded to a vendor have been received, inspected, and found to
comply with award specifications, free of damage or defect and properly invoiced. All
invoices shall bear the purchase order number. Payment for partial shipments shall not
2. NO BID: If not submitting a bid, respond by returning only this vendor
be made unless specified. An original invoice shall be submitted. Failure to follow
acknowledgment form, marking it "NO BID", and explain the reason in the space
these instructions may result in delay in processing invoices for payment. Payment
provided above. Failure to respond to a procurement solicitation without giving
shall be made in accordance with Section 215.422 (1) (2) F.S. VENDOR
justifiable reason for such failure, nonconformance to contract conditions, or other
OMBUDSMAN: The University’s vendor ombudsman, whose duties include acting as
pertinent factors deemed reasonable and valid shall be cause for removal of the
an advocate for vendors may be experiencing problems in obtaining payment from the
supplier’s name from the bid mailing list. NOTE: To qualify as a respondent, vendor
University, may be contacted at 352-392-1241.
must submit a "NO BID", and it must be received no later than the stated bid opening
(e) ANNUAL APPROPRIATIONS: The University’s performance and obligation to
date and hour.
pay under any contract awarded is contingent upon an annual appropriation by the
3. BID OPENING: Shall be public, on the date, location and the time specified on
(f) CONDITION AND PACKAGING: It is understood and agreed that any item
the bid form. It is the vendor's responsibility to assure that the bid is delivered at the
offered or shipped as a result of this bid shall be a new, current standard production
proper time and place of the bid opening. Bids which for any reason are not so
model available at the time of this bid. All containers shall be suitable for storage or
delivered will not be considered. A bid may not be altered after opening of the bids.
shipment, and all prices shall include standard commercial packaging.
NOTE: Bid tabulations will be posted electronically at procurement.ufl.edu. Bid
(g) SAFETY STANDARDS: Unless otherwise stipulated in the bid, all manufactured
tabulations will not be provided by telephone.
items and fabricated assemblies shall comply with applicable requirements of
Occupational Safety and Health Act and any standards hereunder.
4. PRICES, TERMS AND PAYMENT: Firm prices shall be bid and will include all
packing, handling, shipping charges, and delivery to the destination shown herein.
5. CONFLICT OF INTEREST: The award hereunder is subject to the provisions of
(a) TAXES: The University does not pay Federal Excise and Sales taxes on direct
Chapter 112, F.S. All vendors must disclose with their bid the name of any officer,
purchases of tangible personal property or services. The Florida Tax Exempt Number
director, or agent who is also an employee of the University of Florida. Further, all
is 85-8012616174C-4C-8. This exemption does not apply to purchases of tangible
vendors must disclose the name of any University employee who owns, directly or
personal property or services made by vendors who use the tangible personal property
indirectly, an interest of five percent (5%) or more in the vendor's firm or any of its
or services in the performance of contracts for the improvement of University-owned
real property as defined in Chapter 192, F.S.
6. AWARDS: As the best interest of the University may require, the right is reserved
to make award(s) by individual item, group of items, all or none or a combination
thereof; to reject any and all bids or waive any minor irregularity or technicality in bids
received. When it is determined there is no competition to the lowest responsible
vendor, evaluation of other bids are not required. Vendors are cautioned to make no
assumptions unless their bid has been evaluated as being responsive.
7. INTERPRETATIONS/DISPUTES: Any questions concerning conditions or
specifications shall be directed in writing to Procurement Services. Inquiries must
reference the date of bid opening and bid number. No interpretations shall be
considered binding unless provided in writing by the University in response to requests
in full compliance with this provision.
8 NOTICE OF BID PROTEST BONDING REQUIREMENT; Any person or entity who
files an action protesting a decision or an intended decision pertaining to a competitive
solicitation shall at the time of filing the formal protest, post with the University a bond
payable to the University in an amount equal to: 10% of the estimated value of the
protestor’s bid or proposal; 10% of the estimated expenditure during the contract term;
$10,000.00; or whichever is less. The bond shall be conditioned upon the payment of
all costs which may be adjudged against the person or entity filing the protest action. In
lieu of a bond, the University may accept a cashier’s check, bank official check or
money order in the amount of the bond. FAILURE OF THE PROTESTING PERSON
OR ENTITY TO FILE THE REQUIRED BOND, CASHIER’S CHECK, BANK OFFICIAL
CHECK OR MONEY ORDER AT THE TIME OF THE FILING THE FORMAL
PROTEST SHALL RESULT IN DENIAL OF THE PROTEST.
9. GOVERNMENTAL RESTRICTIONS: In the event any governmental restrictions
may be imposed which would necessitate alteration of the material, quality,
workmanship or performance of the items offered in this bid prior to their delivery, it
shall be the responsibility of the successful vendor to notify the purchaser at once,
indicating in writing the specific regulation which requires an alteration. The University
reserves the right to accept any such alteration, including any price adjustments
occasioned thereby, or to cancel the contract at no expense to the University.
10. LEGAL REQUIREMENTS: Applicable provision of all Federal, State, county and
local laws, and of all ordinances, rules and regulations shall govern development,
submittal and evaluation of all bids received in response hereto and shall govern any
and all claims and disputes which may arise between person(s) submitting a bid
response hereto and the University, by and through its officers, employees and
authorized representatives, or any other person, natural or otherwise: and lack of
knowledge by any vendor shall not constitute a cognizable defense against the legal
11. LOBBYING: Vendor is prohibited from using funds provided under any contract
or purchase order for the purpose of lobbying the Legislature or any official, officer,
commission, board, authority, council, committee, or department of the executive
branch or the judicial branch of state government.
12. ADVERTISING: In submitting a bid, the vendor agrees not to use the results
therefrom as a part of any commercial advertising. Vendor may not use the names,
logos, or trademarks of the University, its employees, or affiliates without the prior
written consent of the University.
13. ASSIGNMENT: Any contract or purchase order issued pursuant to this Invitation
to Bid and the monies which may become due hereunder are not assignable except
with the prior written approval of the purchaser.
14. LIABILITY: The vendor agrees to indemnify and save the University of Florida,
the State of Florida and the Florida Board of Governors, their officers, agents, and
employees harmless from any and all judgments, orders, awards, costs and expenses,
including attorney's fees, and also all claims on account of damages to property,
including loss of use thereof, or bodily injury (including death) which may be hereafter
sustained by the vendor, its employees, its subcontractors, or the University of Florida,
the State of Florida and the Florida Board of Governors, their officers, agents, or
employees, or third persons, arising out of or in connection with any contract awarded
and which are the result of the vendor's breach of contract or of the negligent acts of
the vendor, its officers, agents, and employees. This clause does not apply to contracts
between government agencies.
15. FACILITIES: The University reserves the right to inspect the vendor's facilities at
any time with prior notice.
16. ADDITIONAL QUANTITIES: For a period not exceeding ninety (90) days from
the date of acceptance of any offer by the University of Florida, the right is reserved to
acquire additional quantities up to but not exceeding those shown on bid or the bid
level at the prices bid in this invitation. If additional quantities are not acceptable, the
bid sheets must be noted "BID IS FOR SPECIFIED QUANTITY ONLY".
17. SERVICE AND WARRANTY: Unless otherwise specified, the vendor shall
define any warranty service and replacements that will be provided during and
subsequent to this contract. Vendors must explain on an attached sheet to what extent
warranty and service facilities are provided.
18. SAMPLES: Samples of items, when called for, must be furnished free of
expense, on or before bid opening time and date, and if not destroyed, may upon
request, be returned at the vendor's expense. Each individual sample must be labeled
with vendor's name, manufacturer's brand name and number, bid number and item
reference. Request for return of samples shall be accompanied by instructions which
include shipping authorization and name of carrier and must be received with the bid. If
instructions are not received within this time, the commodities shall be disposed of by
19. INSPECTION, ACCEPTANCE AND TITLE: Inspection and acceptance will be at
destination unless otherwise provided. Title and risk of loss or damage of all items
shall be the responsibility of the contract supplier until accepted by the University,
unless loss or damage results from negligence by the University. The contract supplier
shall be responsible for filing, processing and collecting all damage claims. However,
to assist him in the expeditious handling of damage claims, the University will:
(a) Record any evidence of visible damage on all copies of the delivering carrier's Bill
(b) Report damage (Visible or Concealed) to the carrier and contract supplier
confirming such reports in writing within 15 days of delivery, requesting that the
carrier inspect the damaged merchandise.
(c) Retain the item and its shipping container, including inner packing material until
inspection is performed by the carrier, and disposition given by the contract
(d) Provide the contract supplier with a copy of the carrier’s Bill of Lading and
damage inspection report.
20. PATENTS, COPYRIGHTS, TRADEMARKS, ROYALTIES and other Intellectual
Property: The vendor, without exception, shall indemnify and save harmless the
University and its employees from liability of any nature or kind, including cost and
expenses for or on account of any copyrighted, patented, or unpatented invention,
process, or article manufactured or used in the performance of the contract, including
its use by the University of Florida. If the vendor uses any design, device, or materials
covered by letters, patent or copyright, it is mutually agreed and understood without
exception that the bid prices shall include all royalties or costs arising from the use of
such design, device, or materials in any way involved in the work.
21. CONFLICT BETWEEN DOCUMENTS: If any terms and conditions contained
within the documents that are a part of this ITB or resulting contract are in conflict with
any other terms and conditions contained therein, then the various documents
comprising this ITB or resulting contract, as applicable, shall govern in the following
order of precedence: change order, purchase order, addenda, special conditions,
general conditions, specifications, departmental description of work, and bid.
22. MANUFACTURERS' NAMES AND APPROVED EQUIVALENTS: Any
manufacturer's names, trade names, brand names, information and/or catalog
numbers listed in a specification are for information and not intended to limit
competition. If bids are based on equivalent products, indicate on the bid form the
manufacturer's name and number. Vendor shall submit with the bid, cuts, sketches,
and descriptive literature, and/or complete specifications. Reference to literature
submitted with a previous bid will not satisfy this provision. The vendor shall also
explain in detail the reasons why the proposed equivalent will meet the specifications
and not be considered an exception thereto. The University of Florida reserves the
right to determine acceptance of item(s) as an approved equivalent. Bids which do not
comply with these requirements are subject to rejection. Bids lacking any written
indication of intent to quote an alternate brand will be received and considered in
complete compliance with the specifications as listed on the bid form.
23. NONCONFORMANCE TO CONTRACT CONDITIONS: Items may be tested
and/or inspected for compliance with specifications by any appropriate testing facilities.
Should the items fail, the University may require the vendor to reimburse the University
for costs incurred by the University in connection with the examination or testing. The
data derived from any tests for compliance with specifications are public records and
open to examination thereto in accordance with Chapter 119, F.S. Items delivered not
conforming to specifications may be rejected and returned at vendor's expense. These
items and items not delivered as per delivery data in bid and/or purchase order may
result in vendor being found in default in which event any and all reprocurement costs
may be charged against the defaulting vendor. Any violation of these conditions may
also result in the vendor's name being removed from the University of Florida's vendor
24. PUBLIC RECORDS: Any material submitted in response to this Invitation to Bid
will become a public document pursuant to Section 119.07 F.S. This includes material
which the responding vendor might consider to be confidential or a trade secret. Any
claim of confidentiality is waived upon submission, effective after opening pursuant to
Section 119.07 F.S.
25. DELIVERY: Unless actual date of delivery is specified (or if specified delivery
cannot be met), show number of days required to make delivery after receipt of
purchase order in space provided. Delivery time may become a basis for making an
award (see Special Conditions). Delivery shall be within the normal working hours of
the University of Florida, Monday through Friday, unless otherwise specified.
26. PUBLIC PRINTING - PREFERENCE GIVEN PRINTING WITHIN THE STATE:
The University of Florida shall give preference to vendors located within the state when
awarding contracts to have materials printed, whenever such printing can be done at
no greater expense than, and at a level of quality comparable to, that obtainable from a
vendor located outside of the state.
(a) CONTRACTS NOT TO BE SUBLET: In accordance with Class B Printing Laws
and Regulations "Printing shall be awarded only to printing firms. No contract shall be
awarded to any broker, agent, or independent contractor offering printing manufactured
by other firms or persons."
(b) DISQUALIFICATION OF VENDOR: Reasonable grounds for believing that a
vendor is involved in more than one bid for the same work will be cause for rejection of
all bids in which such vendors are believed to be involved. Any or all bids will be
rejected if there is reason to believe that collusion exists between vendors. Bids in
which the prices obviously are unbalanced will be subject to rejection.
(c) TRADE CUSTOMS: Current trade customs of the printing industry are
recognized unless accepted by Special Conditions or Specifications herein.
(d) COMMUNICATIONS: It is expected that all materials and proofs will be picked
up and delivered by the printer or his representative, unless otherwise specified. Upon
request, materials will be forwarded by registered mail.
(e) RETURN OF MATERIAL: All copy, photos, artwork, and other materials supplied
by the University of Florida must be handled carefully and returned in good condition
upon completion of the job. Such return is a condition of the contract and payment will
not be made until return is affected.
END OF SECTION
ITB Special Conditions – Standard Statements
Purpose: The University of Florida’s College of Design, Construction and Planning, on behalf of its Fab Lab (“UF”) is
soliciting bids from Markforged authorized resellers for the sale of the Markforged Metal X 3D Printer and Markforged
Sintering Oven, SINTER-2, with related items and services as delineated herein.
Delivery Date: UF requires Delivery of Metal X 3D Printer no later than December 1, 2018, and it must be fully
operational no later than December 15, 2018. If Delivery cannot be made by December 1, 2018, the responding Vendor
must specify delivery date on the Price Sheet.
Markforged Metal X 3D Printer 2, Markforged SINTER-2, and related Markforged items
1 Markforged Metal X 3D Printer with at least 1-year warranty
1 Eiger Software with Cloud & Local Storage Options, SSO Two-step
Authentication, Admin Portal, and Early Access to New Materials
1 Cartridge of Stainless Steel 17-4 Material (1 kg)
3 Metal quick-change nozzles
1 Metal Build Plate
1 Metal X Set Up, Installation, Best Practices Instruction, and Initial
Phone Support – must include all associated travel and personnel
1 Washing Station: WASH-1 with at least 1-year warranty
1 Markforged Sintering Oven: SINTER-2 with at least 1-year
1 Eiger Software with Cloud & Local Storage Options, SSO Two-step
Authentication, Admin Portal, and Early Access to New Materials
40 F-MF-1001 – Material 17-4 Stainless Steel (1 kg)
40 F-MF-1002 – Material Metal Ceramic Support Material (200cc)
Updated: April 2015
ITB Special Conditions – Standard Statements
(1) USE OF TERMS: - The terms University of Florida, University, College of Design, Construction and
Planning (DCP) and (The Fab Lab) are used synonymously in this Invitation to Bid unless otherwise
indicated. The terms vendor, proposer and contractor are used synonymously in this ITB unless
(2) AWARD - Award will be made on an "All-or-None Offer Total Offer" basis. Any contract awarded
pursuant to this Invitation to Bid (this “ITB”) will be awarded to the single best bidder/proposer or to
none at all.
(3) CANCELLATION - Orders or contracts resulting from the bid award will be subject to immediate
cancellation if either the product or the service does not comply with the bid specifications.
(4) RIGHT TO TERMINATE - In the event that any of the provisions of a contract resulting from the bid
award are violated by the successful bidder, the University may serve written notice upon such bidder
of its intention to terminate the contract. Such notice is to state the reason(s) for such intention to
terminate the contract, and unless within ten (10) days after serving such notice upon the bidder, such
violation shall cease and satisfactory arrangements for correction are made, the contract shall, upon
expiration of said ten (10) days, cease and terminate, but the liability of such bidder and his surety for
any and all such violations(s) shall not be affected by any such termination.
(5) AS SPECIFIED - A purchase order will be issued to the successful bidder with the understanding that
all items delivered must meet the specifications herein. Items delivered not as specified will be returned
to the vendor, at no expense to the University, and vendor will be required to deliver items meeting
specifications or be held in default in accordance with General Condition #23 of this bid.
(6) EQUIVALENTS - Alternatives from the manufacturer specified will not be accepted as a replacement
for the purchase, but will be considered if proposed as part of the creative offering to the University for
the time period between order placement and delivery.
(7) F.O.B. POINT - The F.O.B. Point shall be the University of Florida campus, in place and ready for use in
The Fab Lab (978 S.W. 2nd Avenue, Gainesville FL, 32601). Exact room numbers, if not specified in this
bid, will be specified upon issuance of the purchase order to the successful bidder.
(8) DELIVERY - Delivery time is of the essence in the award of this Invitation to Bid. Vendors must take
this into consideration when preparing their bids. Delivery shall be completed no later than November
15, 2018. University reserves the right to reject bids, which cannot comply with the delivery requirement.
(9) ASSEMBLY AND/OR PLACEMENT - It will be the responsibility of the successful bidder to supply the
necessary labor and materials for the placement of all equipment as specified in the Invitation to Bid and
assure proper adjustment and satisfactory operation of all features prior to acceptance by the University.
(10) QUALIFICATIONS OF BIDDERS - This bid will be awarded only to a responsible bidder qualified
as an authorized reseller of the manufacturer.
(11) WARRANTY - The successful bidder shall furnish factory warranty on all equipment furnished against
defect in material and/or workmanship for a period of time of no less than one year. The factory
warranty shall become effective on the date of delivery and acceptance by the University. Should any
defect in material or workmanship, excepting ordinary wear and tear, appear during the above stated
warranty period, the successful bidder shall repair or replace same at no cost to the University
Updated: April 2015
ITB Special Conditions – Standard Statements
immediately upon written notice from University Purchasing. The successful bidder will not be liable
under the above warranty for any defects or damages resulting from unforeseeable causes beyond the
control and without the fault or neglect by the University, acts of God, fires, floods, and hurricanes.
(12) LABELS - Labels shall be affixed as required by any or all State and Federal statutes or regulations.
(13) IMPORT DUTIES - Any applicable import duties must be clearly indicated and/or estimated and
listed separately. This is desired so that, if necessary, effort will be made to obtain the item desired "Duty
(14) INSPECTION AND TESTING OF MATERIALS - The materials, patterns, fabricated members, and
assembled or partially assembled items may be inspected at the factory, or elsewhere, by a representative
of the University at any time during the process of manufacture or until final delivery and acceptance,
to determine whether or not there is compliance with the requirements of these specifications. Approval
prior to the time of final acceptance shall not preclude rejection of delivered items which do not satisfy
(15) INVITATION TO BID FORM - All bids should be submitted on the University of Florida Invitation
to Bid/Bidders Acknowledgment form with one (1) complete original bid and one (1) electronic copy in
a sealed envelope, with the following information on the outside of the envelope: bid number, date and
time of bid opening, and Company name in order to be considered in the award.
(16) MAINTENANCE AND INSTRUCTION MANUALS - The successful bidder shall include at least one
copy of an instruction manual with each unit supplied. This manual shall include at least a minimum of
operating instructions, maintenance and repair information, including schematic diagrams and a list of
available replacement parts.
(17) EQUAL OPPORTUNITY STATEMENT - The State Universities have established equal opportunity
practices which conform to both the spirit and the letter of all laws against discrimination and prohibits
discrimination based on race, creed, color, sex, age, national origin, marital status or religion. To be
considered for inclusion as a supplier under this agreement, the proposer commits to the following:
1. The provisions of Executive Order 11246, September 24, 1966, and the rules, regulations and
relevant orders of the Secretary of Labor are applicable to each order placed against this
agreement regardless of value.
2. If the proposer expects to receive $10,000 in orders during the first 12 months of this agreement,
a complete certificate of non-segregated facilities shall be attached to the proposal response.
3. If the proposer expects to receive $50,000 in orders during the first 12 months of this agreement
and employs more than 50 people, standard form 100 (EEOO-1) must be filed prior to March 1 of
4. If the proposer expects to receive $50,000 in orders during the first 12 months and employs more
than 50 people, a written program for affirmative action compliance must be maintained by the
proposer, subject to review upon request by the user agencies of this agreement.
If you have already complied with the above, please indicate ____
(18) INQUIRIES - The University will not give verbal answers to inquiries regarding the specifications, or
verbal instructions prior to or after the award of the bid. A verbal statement regarding same by any
person shall be non-binding. The University is not liable for any increased costs resulting from the Bidder
accepting verbal direction. All changes, if necessary, shall be made by written addendum to the bid.
Updated: April 2015