INVITATION TO BID
SOLICITATION No.: 21014
BID DUE DATE/TIME: 7/28/2020 2:00 PM
POOL CHEMICALS FOR STUDENT AQUATIC CENTER
ZOOM BID OPENING MEETING ID:
946 6094 3129 (pw: 967 565) – 7/29/2020 10:00AM
SUBMIT BID TO:*
University of Louisiana at Lafayette
Office of Purchasing
PO Box 40197
Lafayette, LA 70504-0197
or submit bid electronically:
BUYER OF RECORD: Roxanne J. Formeller
BUYER PHONE: (337) 482-2955
MANDATORY bid requirements are detailed immediately following the
Standard Terms & Conditions section.
General Instructions to Bidders
1. Sealed bids for furnishing the items and/or services specified are hereby solicited, and will be received by the issuing UL Lafayette
Campus/Department at the “Submit Bid To” address stated above, until the specified due date and time. Bidder is solely
responsible for the timely delivery of bid documents. The Purchasing Office is not responsible for any delays caused by the
Bidder’s chosen means of bid delivery. Bidder is advised that due to COVID-19 restrictions, courier services such as UPS, FedEx and
DHL will not be able to deliver to our physical location, as the building is closed to the public and/or unstaffed. Bidder retains sole
responsibility for ensuring its courier service provider makes inside deliveries to our physical location if this method of delivery is
2. Bid submissions must be signed by a person authorized to bind the vendor. In accordance with Louisiana R.S. 39:1594, the person
signing the bid must be: (1) any corporate officer listed on the most current annual report on file with the secretary of state, or the
signature on the bid is that of any member of a partnership or partnership in commendam listed in the most current partnership
records on file with the secretary of state; or (2) an authorized representative of the corporation, partnership, or other legal entity
and the Bidder submits or provides upon request a corporate resolution, certification as to the corporate principal, or other
documents indicating authority which are acceptable to the public entity, including registration on an electronic Internet database
maintained by the public entity; or (3) entity has filed in the appropriate records of the secretary of state in which the public entity
is located, an affidavit, resolution, or other acknowledged or authentic document indicating the names of all parties authorized to
submit bids for public contracts.
3. If submitted by mail, the bid must be submitted in a sealed envelope/package with the Solicitation No. on the outside of the SEALED
envelope/package. To ensure the integrity of the bid process, if the bid is submitted by mail or delivered via courier, do not use the
envelope provided by the courier as your “sealed bid” envelope. Instead, place your properly-labeled sealed envelope inside the
4. If bid is submitted by email, the subject line must show the Solicitation/File No. and must be received by bid deadline.
5. Read the entire solicitation, including all terms, conditions and specifications.
6. All bid information and prices must be typed or written in ink. Any corrections, erasures or other forms of alteration to unit prices
are to be initialed by the Bidder.
7. Bid prices shall include all delivery charges paid by the vendor, F.O.B. UL Lafayette Destination, unless otherwise provided in the
solicitation. Any invoiced delivery charges not quoted and itemized on the UL Lafayette purchase order are subject to rejection and
8. Payment terms: Net 30 after receipt of properly executed invoice or delivery and acceptance, whichever is later.
9. By signing this solicitation, the Bidder certifies compliance with all general instructions to Bidders, terms, conditions and
specifications; and further certifies that this bid is made without collusion or fraud.
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STANDARD TERMS & CONDITIONS
INVITATION TO BID
These standard terms and conditions shall apply to all UL Lafayette solicitations, unless otherwise specifically amended and provided
for in the special terms and conditions, specifications, or other solicitation documents. In the event of conflict between the General
Instructions to Bidders or Standard Terms & Conditions and the Special Terms & Conditions, the Special Terms & Conditions shall govern.
Bids submitted are subject to provisions of the laws of the State of Louisiana, including but not limited to: the Louisiana Procurement
Code (R.S. 39:1551-1736); Purchasing Rules and Regulations (Title 34 of the Louisiana Administrative Code); Executive Orders; and the
terms, conditions, and specifications stated in this solicitation.
1. Bid Delivery and Receipt
To be considered, sealed bids must be received and time-stamped at the “Submit Bid To” address no later than the due date and
time specified herein. Sealed envelope or package and should be clearly and prominently marked with the solicitation number and
bid due date. Sealed bids cannot be accepted by fax. Price alterations and addenda to bids may be submitted by fax, and will be
considered provided Bidder’s sealed bid, price alterations and addenda have been received in the UL Lafayette Office of Purchasing
prior to bid submission deadline. Late bids cannot be accepted per L.A.C. 34.I.517, and shall be returned unopened.
Bidders may submit bids by mail by sending to the mailing address listed in the “Submit Bid To” address listed on page 1 of this
solicitation. Bidders may also submit electronically to ULLafayetteBids@louisiana.edu. If bid is submitted by email, the subject line
must show the Solicitation/File No. and must be received by bid deadline.
The building where the Purchasing Office is located is closed for the foreseeable future. Bidders are advised that the U.S. Postal
Service does not make deliveries to our physical location. USPS mail is delivered to the University's mail center. When the Purchasing
Office is staffed and Martin Hall is open to the public, Bidders may deliver bids by hand or by a courier service to University of
Louisiana at Lafayette, Purchasing Office, (Martin Hall Room 123), 104 East University Circle, Lafayette, LA 70503. The University
shall not be responsible for any delays caused by the Bidder's chosen means of bid delivery. Bidder is solely responsible for the
timely delivery of its bid, and failure to meet the bid due date and time shall result in rejection of the bid.
2. Bid Forms
Bids are to be submitted on and in accordance with the UL Lafayette solicitation forms provided, and must be signed by an
authorized agent of the vendor. Bids submitted on other forms or in other price formats may be considered informal and may be
rejected in part or in its entirety. Bids submitted in pencil and/or bids containing no original signature indicating the Bidder’s intent
to be bound will not be accepted.
3. Interpretation of Solicitation/Bidder Inquiries
If Bidder is in doubt as to the meaning of any part or requirement of this solicitation, Bidder may submit a written request for
interpretation to the Buyer-of-Record at the email address and/or fax number shown on page 1 of this solicitation. Written inquiries
must be received in the UL Lafayette Office of Purchasing no later than five (5) calendar days prior to the opening of bids, and shall
be clearly cross-referenced to the relevant solicitation/specification in question.
No decisions or actions shall be executed by any Bidder as a result of oral discussions with any UL Lafayette employee or consultant.
Any interpretation of the documents will be made by formal addendum only, issued by the UL Lafayette Office of Purchasing, and
mailed or delivered to all Bidders known to have received the solicitation. UL Lafayette shall not be responsible for any other
interpretations or assumptions made by Bidder.
4. Bid Opening
In-person bid openings have been suspended for the foreseeable future. Bidders may attend the public bid opening of sealed bids
and proposals conducted on Zoom. No information or opinions concerning the ultimate contract award will be given at bid opening
or during the evaluation process. Written bid tabulations will not be furnished. Bids may be examined within 72 hours after bid
opening. Information pertaining to completed files may be secured by submitting a written request to the Buyer-of-Record at the
email address and/or fax number shown in header.
5. Special Accommodations
Any “qualified individual with a disability” as defined by the Americans with Disabilities Act, who has submitted a bid and desires to
attend the public bid opening, must notify the UL Lafayette Office of Purchasing in writing not later than seven days prior to the bid
opening date of their need for special accommodations. If the request cannot be reasonably provided, the individual will be
informed prior to the bid opening.
6. Standards of Quality
Any product or service bid shall conform to all applicable federal, state and local laws and regulations, and the specifications
contained in the solicitation. Any manufacturer’s name, trade name, brand name, or catalog number used in the specification is for
the purpose of describing the standard of quality, performance, and characteristics desired; and is not intended to limit or restrict
competition. Bidder must specify the brand and model number of the product offered in his bid. Bids not specifying brand and
model number shall be considered as offering the exact product specified in the solicitation.
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7. New Products/Warranty/Patents
All products bid for purchase must be new, never previously used, of the manufacturer’s current model and/or packaging, and of
best quality as measured by acceptable trade standards. No remanufactured, demonstrator, used or irregular products will be
considered for purchase unless otherwise specified.
The manufacturer’s standard published warranty and provisions shall apply, unless more stringent warranties are otherwise
required by UL Lafayette and specified in the solicitation. In such cases, the Bidder and/or manufacturer shall honor the specified
warranty requirements, and bid prices shall include any premium costs of such coverage.
Bidder guarantees that the products proposed and furnished will not infringe upon any valid patent or trademark; and shall, at its
own expense, defend any and all actions or suits charging such infringement, and shall save UL Lafayette harmless.
8. Descriptive Information
Bidders proposing an equivalent brand or model are to submit descriptive information (such as literature, technical data,
illustrations, etc.) sufficient for UL Lafayette to evaluate quality, suitability, and compliance with the specifications five (5) days prior
to bid opening. Failure to submit descriptive information may cause bid to be rejected. Any changes made by Bidder to a
manufacturer’s published specifications shall be verifiable by the manufacturer. If items bid do not fully comply with specifications,
Bidder must state in what respect items deviate. Bidder’s failure to note exceptions in its bid will not relieve the Bidder from
supplying the actual products requested.
9. Bids/Prices/F.O.B. Point
• The bid price for each item is to be quoted on a “net” basis and F.O.B. UL Lafayette Destination, i.e. title passing upon receipt
and inclusive of all delivery charges, any item discounts, etc.
• Bids other than F.O.B. UL Lafayette Destination may be rejected.
• Bids indicating estimated freight charges may be rejected.
• Bids requiring deposits, payment in advance, or C.O.D. terms may be rejected.
• Bidders who do not quote “net” item prices and who separately quote an overall “lump sum” freight cost or discount for all
items shall be considered as submitting an “all-or-none” bid for evaluation and award purposes; and risk rejection if award is
made on an item basis.
• Prices shall be firm for acceptance for a minimum of 30 days, unless otherwise specified. Bids conditioned with shorter
acceptance periods may be rejected.
• Prices are to be quoted in the unit/packaging specified (e.g. each, 12/box, etc), or may be rejected.
• In the event of extension errors, the unit price bid shall prevail.
Vendor is responsible for including all applicable taxes in the bid price. UL Lafayette is exempt from all Louisiana state and local
sales and use taxes. By accepting an award, resident and non-resident firms acknowledge their responsibility for the payment of all
taxes duly accessed by the State of Louisiana and its political subdivisions for which they are liable, including but not limited to:
franchise taxes, privilege taxes, sales taxes, use taxes, ad valorem taxes, etc.
11. Terms and Conditions
This solicitation contains all terms and conditions with respect to the purchase of the goods and/or services specified herein.
Submittal of any contrary terms and conditions may cause your bid to be rejected. By signing and submitting a bid, vendor agrees
that contrary terms and conditions which may be included in its bid are nullified; and agrees that this contract shall be construed
in accordance with this solicitation and governed by the laws of the State of Louisiana.
12. Vendor Forms/ UL Lafayette Signature Authority
The terms and conditions of the UL Lafayette solicitation, purchase order and contract shall solely govern the purchase agreement,
and shall not be amended by any vendor contract, form, etc.
The University’s Vice President of Administration and Finance, chief procurement officer, or authorized designee, is delegated sole
authority to execute/sign any vendor contracts, forms, etc., on behalf of UL Lafayette. Departments are expressly prohibited from
signing any vendor forms.
Any such vendor contracts/forms bearing unauthorized signatures shall be null and void, shall have no legal force, and shall not be
recognized by UL Lafayette in any dispute arising therefrom. Vendors who present any such forms to department users for signature
without regard to this strict UL Lafayette policy may face contract cancellation, suspension, and/or debarment.
Award will be made to the lowest responsible and responsive Bidder. UL Lafayette reserves the right: (1) to award items separately,
grouped, or on an all-or-none basis, as deemed in its best interest; (2) to reject any or all bids and/or items; and (3) to waive any
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All solicitation specifications, terms and conditions shall be made part of any subsequent award as if fully reproduced and included
therein, unless specifically amended in the formal contract.
14. Acceptance of Bid
Only the issuance of an official UL Lafayette purchase order, contract, Notification of Award letter, or a Notification of Intent to
Award letter shall constitute the University’s acceptance of a bid. UL Lafayette shall not be responsible in any way to a vendor for
goods delivered or services rendered without an official purchase order and/or contract.
15. Applicable Law
All contracts shall be construed in accordance with and governed by the laws of the State of Louisiana.
16. Awarded Products/Unauthorized Substitutions
Only those awarded brands and numbers stated in the UL Lafayette contract are approved for delivery, acceptance, and payment
purposes. Any substitutions require prior approval of the UL Lafayette Office of Purchasing. Unauthorized product substitutions are
subject to rejection at time of delivery, post-return at vendor’s expense, and non-payment.
17. Testing/Rejected Goods
Vendor warrants that the products furnished will be in full conformity with the specification, drawing or sample, and agrees that
this warranty shall survive delivery, acceptance, and use. Any defect in any product may cause its rejection. UL Lafayette reserves
the right to test products for conformance to specifications both prior to and after any award. Vendor shall bear the cost of testing
if product is found to be non-compliant. All rejected goods will be held at vendor’s risk and expense, and subject to vendor’s prompt
disposition. Unless otherwise arranged, rejected goods will be returned to the vendor freight collect.
Vendor is responsible for making timely delivery in accordance with its quoted delivery terms. Vendor shall promptly notify the UL
Lafayette Department and/or UL Lafayette Office of Purchasing of any unforeseen delays beyond its control. In such cases, UL
Lafayette reserves the right to cancel the order and to make alternative arrangements to meet its needs.
19. Default of Vendor
Failure to deliver within the time specified in the bid/award will constitute a default and may be cause for contract cancellation.
Where the University has determined the vendor to be in default, UL Lafayette reserves the right to purchase any or all goods or
services covered by the contract on the open market and to surcharge the vendor with costs in excess of the contract price. Until
such assessed surcharges have been paid, no subsequent bids from the defaulting vendor will be considered for award.
20. Vendor Invoices
Invoices shall reference the UL Lafayette purchase/release order number, vendor’s packing list/delivery ticket number,
shipping/delivery date, etc. Invoices are to be itemized and billed in accordance with the order, show the amount of any prompt
payment discount, and submitted on the vendor’s own invoice form. Invoices submitted by the vendor’s supplier are not
21. Delinquent Payment Penalties
Delinquent payment penalties are mandated and governed by Louisiana R.S. 39:1695. Vendor penalties to the contrary shall be null
and void, shall have no legal force, and shall not be recognized by UL Lafayette in any dispute arising therefrom.
22. Assignment of Contract/Contract Proceeds
Vendor shall not assign, sublet or transfer its contractual responsibilities, or payment proceeds thereof, to another party without
the prior written consent and approval of the UL Lafayette Office of Purchasing. Unauthorized assignments of contract or
assignments of contract proceeds shall be null and void, shall have no legal force, and shall not be recognized by UL Lafayette in
any dispute arising therefrom.
23. Contract Cancellation/Termination
UL Lafayette has the right to cancel any contract for cause, in accordance with purchasing rules and regulations, including but not
limited to: (1) failure to deliver within the time specified in the contract; (2) failure of the product or service to meet specifications,
conform to sample quality or to be delivered in good condition; (3) misrepresentation by the vendor; (4) fraud, collusion, conspiracy
or other unlawful means of obtaining any contract with the University; (5) conflict of contract provisions with constitutional or
statutory provisions of state or federal law; (6) any other breach of contract.
UL Lafayette has the right to cancel any contract for convenience at any time by giving thirty (30) days written notice to the vendor.
In such cases, the vendor shall be entitled to payment for compliant deliverables in progress.
24. Prohibited Contractual Arrangements
Per Louisiana R.S. 42:1113.A, no public servant, or member of such a public servant’s immediate family, or legal entity in which he
has a controlling interest shall bid on or enter into any contract, subcontract, or other transaction that is under the supervision or
jurisdiction of the agency of such public servant. See statute for complete law, exclusions, and provisions.
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25. Equal Employment Opportunity Compliance
By submitting and signing this bid, vendor agrees to abide by the requirements of the following as applicable: Title VI and VII of the
Civil Rights Act of 1964, as amended by the Equal Opportunity Act of 1972; federal Executive Order 11246; federal Rehabilitation
Act of 1973, as amended; the Vietnam Era Veteran’s Readjustment Assistance Act of 1974; Title IX of the Education Amendments
of 1972; the Age Act of 1975; the Americans with Disabilities Act of 1990. Vendor agrees not to discriminate in its employment
practices, and will render services under any contract entered into as a result of this solicitation without regard to race, color,
religion, sex, age, national origin, veteran status, political affiliation, handicap, disability, or other non-merit factor. Any act of
discrimination committed by vendor, or failure to comply with these statutory obligations when applicable, shall be grounds for
termination of any contract entered into as a result of this solicitation.
26. Mutual Indemnification
Each party hereto agrees to indemnify, defend, and hold the other, its officers, directors, agents and employees harmless from and
against any and all losses, liabilities, and claims, including reasonable attorney’s fees arising out of or resulting from the willful act,
fault, omission, or negligence of the indemnifying party or of its employees, contractors, or agents in performing its obligations
under this agreement, provided however, that neither party hereto shall be liable to the other for any consequential damages
arising out of its willful act, fault, omission, or negligence.
27. Certification of No Suspension or Debarment
By signing and submitting this bid, Bidder certifies that its company, any subcontractors, or principals thereof, are not suspended
or debarred under federal or state laws or regulations. A list of parties who have been suspended or debarred by federal agencies
is maintained by the General Services Administration and can be viewed on the internet at www.epls.gov.
28. Substitution of Personnel
If applicable, the University intends to include in any contract resulting from this ITB the following condition:
Substitution of Personnel: If, during the term of the contract, the Contractor or subcontractor cannot provide the personnel as
proposed and requests a substitution, that substitution shall meet or exceed the requirements stated herein. A detailed resume
of qualifications and justification is to be submitted to the University for approval prior to any personnel substitution. It shall be
acknowledged by the Contractor that every reasonable attempt shall be made to assign the personnel listed in the Contractor’s
29. Insurance Requirements - NOT APPLICABLE TO THIS BID
Please note attached insurance requirements section included in these bid specifications.
If applicable to the services procured in this solicitation, the successful Bidder will be required to furnish a certificate of insurance
evidencing required coverages and naming the University of Louisiana at Lafayette as an additional insured on all liability policies.
Successful Bidder is required to perform in strict accordance with all contract specifications, terms, and conditions. Successful
Bidder will be advised in writing of nonperformance issues and shall be required to promptly implement corrective actions to ensure
contract compliance and to prevent recurrences. In the event the successful Bidder is issued three or more complaints of
nonperformance, UL Lafayette reserves the right at its sole discretion to cancel the contract with a ten (10) day written notice.
Contract cancellations due to nonperformance may be cause to deem vendor non-responsible in future solicitations.
31. Official University Recognized Holidays
The following is a list of officially recognized University Holidays:
New Year’s Day
Martin Luther King Day
Mardi Gras Day
32. No Smoking Campus
The Successful Bidder shall be responsible for compliance with all University policies, security measures and vehicle regulations.
Specifically, the University is a NO SMOKING campus and all prospective Bidders are cautioned that smoking will not be
permitted inside or outside on ANY part of this facility at any time. Any employee who is found to be in violation of this policy
will be subject to immediate dismissal.
This agreement is non-exclusive and shall not in any way preclude UL Lafayette from entering into similar agreements and/or
arrangements with other Vendors or from acquiring similar, equal, or like goods and/or services from other entities or sources.
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