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County Form 15 - SPECIFICATION FOR THE RETURN OF OFFERS
TANGIBLE PRODUCTS INCLUDING SUPPLIES, GOODS, MACHINERY AND EQUIPMENT
FOR _____________________________________ PERIOD
MONEY HAS _____. HAS NOT _____ BEEN APPROPRIATED FOR THIS PROJECT
OUT OF FUND # ___________, DEPARTMENT # _______________,
ACCOUNT # __________________.
PURPOSE: THESE SPECIFICATIONS ARE PREPARED IN ACCORDANCE WITH I.C. 5-22 FOR THE PURPOSE OF PROCURING THE INDICATED PRODUCTS
1. Potential offeror may contact the following for further information:
C. PHONE NUMBER:
2. The description of the products required by these specifications is outlined in the Attachment.
3. The General Instructions to Offerors and County Forms 1, 2, 3, 4, 5, 6 and 7 are made a part of these specifications as if fully set out herein.
4. All offerors shall examine the specifications thoroughly to familiarize themselves with the requirements and type of product requested.
5. Where a brand or proprietary name is stated in Attachment A, the term “or equal” shall be implied. No offeror is prevented from submitting a proposal on a different size container or number of units per case, providing the packaging specified is not available commercially. Any alternate packaging must be equivalent. Where a brand or proprietary name is stated in Attachment A and the offeror is submitting an offer for an “or equal” item the offeror shall list the brand name of the “or equal” item on Attachment A. Where there is no brand or proprietary name stated in Attachment A, the offeror shall list the brand name of the item of the product in Attachment A.
6. Specific prices must be offer for each item in the specifications, and a offeror must offer each item in a category. The use of the terms “market price” or “list price” will not be acceptable and will result in rejection of the offer. Each offeror shall extend and tabulate the offer for each category.
7. Where a Offeror is awarded more than one contract, and where there are items in the offer that are of either equivalent size packaging, brand name, weight, or quantity per unit, if there is a difference between institutions in unit price the lowest unit price shall prevail for each of the institutions for whom the Offeror was awarded the offer.
8. The County of Lake shall have the right to request that a offeror submit for inspection a sample of any item contained in the specifications. Subsequent to letting the contract, unsuccessful offerors shall have fourteen (14) days to pick up these samples. If the samples are not picked up within this time limit, the samples shall become the property of the County of Lake. The samples submitted by the successful offeror shall be retained by the official, officer, or department for comparison with the supplies or materials provided during the term of the contract by the successful offeror. Deviations between the successful offeror’s sample item and delivered items shall be grounds for terminating the contract. The successful offeror agrees that the decision of the County shall be final as to whether there is a deviation.
9. “During the term of the contract, the price offer by the successful offeror and accepted by the Board of Commissioners of the County of Lake shall not be adjusted upward. Lake County does have a price matching policy that an offeror will have to adhere to, or the products may be purchased through another vendor. Specifically, if at the time that the product is to be ordered, Lake County can purchase that specific product at a price lower than that submitted by the approved successful offeror, the successful offeror will be asked to match that price. If the successful offeror decides not to match the price then, the County will be free to purchase the product from the vendor with the lower spot price.”
10. The offeror must utilize State Form 91 or 95 as required.
11. All products shall be furnished in such quantities and at such times as needed and ordered by the county officials, officers, or departments. Many of the quantities listed for specific items contain the phrase “more or less”. The County of Lake shall have the right to purchase more or less than the number specified but shall not purchase quantities to exceed the quantity necessary to meet its needs during the year.
12. The following pertain to the submission of the offer:
A. An offeror shall submit a bond or certified check in the amount of five (5%) percent of the offer for each offer over one hundred thousand ($100,000.00) dollars.
1) The bond or certified check shall be for the benefit of or be made payable to “The Board of Commissioners of the County of Lake, State of Indiana.”
2) All certified checks of unsuccessful Offerors shall be returned upon selection of the successful offerder.
B. The County of Lake is committed to the principle of affirmative action. Each offeror must execute an affidavit on a form provided by the County of Lake acknowledging that the offerder has its own affirmative action program that is in compliance with any and all applicable federal/state/local laws and interpretive court decisions.
C. The County hereby affirms its policy that no vendor, contractor, grant recipient, or anyone receiving public funds or benefits of any kind shall discriminate on the basis of race, religion, color, disability, sexual orientation, gender identity, national origin, ancestry, age, or United States military service status, and any breach of this Policy shall continue to be considered a material breach of the relationship with the County.
D. The County is committed to providing equal employment opportunities for all applicants and employees. Employment decisions shall be made without regard to sexual orientation or gender identity.
E. The offeror must execute the non-collusion affidavit on the forms specified for use by the State Board of Accounts.
F. The offeror, if required to register with the Indiana Secretary of State, shall submit with their offer packet a photocopy of the “State of Indiana Office of the Secretary of State Certificate of Existence” indicating that they have filed their most recent annual report as required by Indiana law.
G. The offeror shall include in their offer packet the original offer and one photocopy of the offer.
13. These provisions apply to the successful offeror:
A. The successful offeror shall:
1) Have workmen’s compensation coverage as required by State Law.
2) Have property damage insurance of One Million Dollars ($1,000,000.00) , and in such form that the policy includes Lake County, its’ Board of Commissioners, its’ Elected Officials, its’ officers, employees and agents.
3) Indemnify and hold harmless any and all entities to include but not limited to the County of Lake, The Board of Commissioners of the County of Lake, it’s elected officials, it’s officers, it’s employees, and or its agents for any and all expenses or charges to include attorney fees which these entities or persons might have to pay by virtue of the successful offerders actions, non-actions, or performance.
4) Limitation on aggregate liability; punitive damages prohibited:
(a) The combined aggregate liability of all governmental entities and of all public employees, acting within the scope of their employment and not excluded from liability, does not exceed:
(1) For injury to or death of one (1) person in any one (1) occurrence Seven Hundred Thousand Dollars ($700,000) for a cause of action that accrues on or after January 1, 2008; and (2) for injury to or death of all persons in that occurrence, Seven Million Dollars ($7,000,000).
B. As an independent contractor, the vendor accepts all responsibility for all injuries and accidents that meet the definition of “reportable” as defined by OSHA. Further, the vendor shall report to IOSHA, via a first report, and list on the contractor’s annual OSHA 300 Report, all accidents that occur while performing services for or to Lake County.
14. The contract will be let to the lowest responsible and responsive offerder for each (class or category) of supplies. In addition to the price, the offers will be evaluated on the basis of reliability and prior vendor performance.
15. All provisions of I.C. 5-22 are applicable and incorporated into this specification by reference, and the contract with the successful offeror shall include all provisions required, the cited statutes and any other provisions required by law.
16. Each offeror shall give a total amount on complete offer as well as each category separately.
17. Where language of these specifications conflicts with any requirements previously established by the Board of Commissioners of the County of Lake, the terms of these specifications shall apply.
18. Any individual, partnership or corporation offerding hereon shall furnish proof satisfactory to the Board of Commissioners of the County of Lake that they or it are in good standing and are authorized to do business in the State of Indiana.
ALL OF WHICH IS APPROVED THIS_________DAY OF __________________, 20_______
BOARD OF COMMISSIONERS OF THE COUNTY OF LAKE
______________________________________________ VENDOR SIGNATURE:______________________________________________
LAKE COUNTY AUDITOR: ______________________________________________
ADDENDUM COUNTY FORM 15
A. Offeror in submitting offers on canned fruits and vegetables, shall offer on U.S. Grade B or choice (unless otherwise specified) and shall indicate the brand to be furnished.
B. Offeror in submitting offers on fresh fruits and vegetables shall offer on U.S. No. 1 or Grade A.
C. Offeror in submitting Offers on meat shall offer on grade, cut, and count as specified and indicate brand of meat to be furnished. All meat shall be inspected and passed.
D. Offeror to submit grade level identification with brand name.