techusask.doc Supply Management System for Office and Information Technology Supplies and Related Items RFP U. Saskatchewan Apr. 2006
THE UNIVERSITY OF SASKATCHEWAN REQUEST FOR PROPOSAL
RFP No: 06-013
Supply Management System for Office and Information Technology Supplies and Related Items
RFP No. 06-013
Supply Management System for Office and IT Supplies and Related Items
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TABLE OF CONTENTS 1.0 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 2.0 2.1 2.2 2.3 2.4 3.0 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13 3.14 3.15 3.16 3.17 3.18 3.19 3.20 3.21 3.22 3.23 3.24 3.25 3.26 PROCEDURES AND INSTRUCTIONS .......................................................................................................4 PURPOSE ....................................................................................................................................................4 DEFINITIONS...............................................................................................................................................4 ISSUING OFFICE ........................................................................................................................................4 THE UNIVERSITY’S AUTHORIZED REPRESENTATIVES ........................................................................4 KEY DATES .................................................................................................................................................5 CLOSING DATE AND TIME.........................................................................................................................5 PROPOSALS ...............................................................................................................................................5 INQUIRIES AND CHANGES ........................................................................................................................5 AGREEMENT ON INTERNAL TRADE ........................................................................................................6 PROPONENT PRESENTATIONS ...............................................................................................................6 CONFLICT OF INTEREST...........................................................................................................................6 ETHICS ........................................................................................................................................................6 CONFIDENTIALITY .....................................................................................................................................6 IRREVOCABLE OFFER ...............................................................................................................................7 SELECTION PROCESS AND CRITERIA ....................................................................................................7 CONTRACTUAL OBLIGATION ...................................................................................................................9 DISPUTE RESOLUTION .............................................................................................................................9 RIGHT TO NEGOTIATE ..............................................................................................................................9 SUSPENSION OF RFP PROCESS .............................................................................................................9 GUIDELINES FOR PROPOSAL ...............................................................................................................10 GENERAL OUTLINE ..................................................................................................................................10 SIGNING AUTHORITY ..............................................................................................................................10 PRICING STRUCTURE .............................................................................................................................10 FINANCIAL CAPABILITY ...........................................................................................................................11 CONTRACTUAL PROVISIONS ................................................................................................................12 PARTIES OF CONTRACT .........................................................................................................................12 DEFINITIONS.............................................................................................................................................12 PURPOSE ..................................................................................................................................................12 TERM .........................................................................................................................................................12 AMENDMENTS ** ......................................................................................................................................12 TERMINATION...........................................................................................................................................13 INDEMNITY................................................................................................................................................13 LIABILITY ...................................................................................................................................................13 INSURANCE ..............................................................................................................................................13 PERFORMANCE REVIEW ........................................................................................................................13 SUPPLIER'S PERSONNEL .......................................................................................................................14 INDEPENDENT CONTRACTOR ** ...........................................................................................................14 ROLES AND RESPONSIBILITIES .............................................................................................................14 SERVICE AND SUPPORT .........................................................................................................................14 PRICING STRUCTURE .............................................................................................................................14 PAYMENT TERMS/SCHEDULES..............................................................................................................14 INVENTORY ..............................................................................................................................................14 DELIVERY AND SERVICE LEVELS ..........................................................................................................14 AUDITS ......................................................................................................................................................14 REPORTS ..................................................................................................................................................14 OPERATIONAL PROBLEM RESOLUTION ...............................................................................................15 TRANSITION..............................................................................................................................................15 ALTERNATE DISPUTE RESOLUTION .....................................................................................................15 UNIVERSITY POLICIES, PROCEDURES AND REGULATIONS ** ..........................................................15 EXTERNAL MARKETING ** ......................................................................................................................15 NOTICES ...................................................................................................................................................15
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3.27 3.28 3.29 3.30
CONFIDENTIALITY ** ................................................................................................................................16 SURVIVAL ..................................................................................................................................................16 ASSIGNMENT ............................................................................................................................................16 GOVERNING LAWS ** ..............................................................................................................................16 RECEIPT CONFIRMATION ..........................................................................................................17 PROPONENT INFORMATION .....................................................................................................18 VALIDATION OF PROPOSAL AND ACCEPTANCE OF CONTRACTUAL PROVISIONS .........20 BACKGROUND INFORMATION ..................................................................................................21 PRICING SHEET ...........................................................................................................................22
APPENDIX A: APPENDIX B: APPENDIX C: APPENDIX D: APPENDIX E:
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1.0 1.1 PURPOSE
PROCEDURES AND INSTRUCTIONS
The University of Saskatchewan, as represented by Purchasing Services, is requesting Proposals for the provision of a Supply Management System for Office and Information Technology Supplies and Related Items (see Appendix D) in accordance with conditions stated herein. Through this Request for Proposal the U of S seeks to: a) b) c) d) Obtain information to aid in the evaluation of options and select the Supply management system Select the successful Proponent. Award subject to approval from senior administration. Specify the conditions that would govern any resulting contract. Determine pricing.
The term of Contract shall commence on September, 2006 and shall remain in effect until August 31, 2009, unless otherwise terminated in accordance with the terms outlined herein. The commencement date is subject to approval from senior management. The U of S reserves the right to extend the Contract for two (2) additional one (1) year options, for a maximum potential Contract period of five (5) years, or retender the commodity. The Proponent may submit a Proposal(s) to the U of S, not later than four (4) months prior to the expiration date of the Contract, for each of the two (2) optional one (1) year extensions to the Contract. 1.2 DEFINITIONS Throughout this Request for Proposal, terminology is used as follows: a) b) c) d) e) f) g) h) i) j) k) 1.3 Committee – Campus representatives responsible for the evaluation and recommendation of award. Contract – The agreement resulting from this RFP process. Coordinator – Designated commodity buyer, Purchasing Services responsible for liaising with the Supplier. Department(s) – U of S Colleges, Departments, and affiliates including the Canadian Light Source Inc. Owner or U of S or University – The University of Saskatchewan, as represented by Purchasing Services. PCard – University of Saskatchewan Corporate VISA Purchasing Card. Program or Supply or Service – The provision of a Supply Management System for Office and Information Technology Supplies and Related Items. Proponent – Each company receiving this Request for Proposal. Proposal – Documents submitted by Proponents in response to this RFP. Request for Proposal or RFP – Request for Proposal No. 06-013 including all attached and referenced documents and subsequent addenda. Supplier – The successful Proponent with whom the U of S may enter into a Contract.
ISSUING OFFICE Purchasing Services University of Saskatchewan E150 – 105 Administration Place Saskatoon SK S7N 5A2 Attention: Laurier Langlois, Buyer
TEL: FAX: EMAIL:
(306) 966-6704 (306) 966-8342 purchasing.services@usask.ca
1.4
THE UNIVERSITY’S AUTHORIZED REPRESENTATIVES The only persons who are, or shall be authorized to speak or act for the U of S with respect to this RFP, are those whose positions or names have been specifically designated in Section 1.3.
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1.5
KEY DATES a) b) c) d) e) f) g) h) i) j) k) Issuance of RFP Return Receipt Confirmation Form by Written inquiries up to Response to inquiries/notification of errors and/or omission Proposals due Evaluation and clarification of Proposals; Proponents shortlisted Presentations by shortlisted Proponents, if required (see Section 1.13) Acceptance of successful Proposal (if any) Commencement date of Contract Complete Implementation and Operational Training Marketing Launch after Mid September April 17, 2006 April 24, 2006 April 27, 2006 May 4, 2006 May 10, 2006 May 24, 2006 May 31, 2006 June 7, 2006 September, 2006 September, 2006 September, 2006
1.6
CLOSING DATE AND TIME The Proposal, signed and dated by the Proponent’s authorized representative, must be received by the Issuing Office (see Section 1.3) in a sealed package not later than 2:00 p.m. Central Standard Time (CST) on May 10, 2006, and marked “RFP #06-013: Supply Management System for Office and Information Technology Supplies & Related Items”. All Proposals shall be date and time stamped upon receipt by the Issuing Office. In the case of a date and/or time dispute the Issuing Office’s date and time clock will govern. Proposals received after the deadline date and time will not be considered.
1.7
PROPOSALS This RFP states the instructions for submitting Proposals, and the procedures and criteria by which Proponents will be selected. No local customs or trade practices are adopted unless explicitly referenced hereunder. Where discretion in the process and criteria set out hereby exists, no restrictions shall be implied as to the exercise of such discretion. Please acknowledge receipt of this RFP by faxing the Receipt Confirmation form (see Appendix A) to the Issuing Office (see Section 1.3). Eight (8) paper copies plus one (1) electronic copy in Microsoft Word or Excel version 97 (PC format), of the Proponent’s Proposal are required. Faxed and e-mailed Proposals will not be evaluated. To facilitate out of province or international Proponents, faxing of Proposals to local third parties for forwarding by courier or hand-delivery to the U of S may be accepted, provided the specified number of copies are submitted and are delivered pursuant to Section 1.6. Proponent's costs to develop the Proposal, the costs for investigative work performed prior to the execution of any contract, and costs for any presentations, are entirely the obligation of the Proponent and shall not be charged in any part to the U of S. If the Proposal is a joint Proposal by more than one Proponent, the Proposal must be submitted as a coordinated package with a primary Proponent identified. The Proponent's Proposal and all supporting information become the property of the U of S. All such documentation may be reproduced by the U of S, provided that such reproduction is made solely for internal use or for any purpose required by law.
1.8
INQUIRIES AND CHANGES It is the responsibility of each Proponent to inquire, in writing, about any requirements of this RFP that needs clarification. Verbal inquiries will not be accepted. If a Proponent discovers any inconsistency, discrepancy, ambiguity, error or omission in this RFP, the Proponent must notify the U of S immediately. Written inquiries must be directed to Laurier Langlois (see Section 1.3).
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The U of S shall not be bound and the Proponents agree not to rely upon any written or verbal statements or representations of any other persons, whether employed by the U of S or not, in the preparation and submission of their Proposals. This RFP, and any subsequent modifications thereto, is designated as the sole reference for the preparation of Proposals and takes precedence over any and all information obtained from any source, either verbal or written. All addenda will be issued in written form to all Proponents and shall be incorporated into and become part of this RFP. Amendments to Proposals will be accepted if received in writing or facsimile prior to the RFP closing date and time (see Section 1.6). Amendments received after the RFP closing date and time will not be considered except as may be allowed by the U of S pursuant to Section 1.15. Proposals may be withdrawn upon written request from the Proponent prior to the closing date and time only. To maintain confidentiality of Proposals, amendments to pricing should indicate only the incremental difference and not the revised total. 1.9 AGREEMENT ON INTERNAL TRADE This RFP is subject to the MASH Procurement Agreement, Annex 502.4 to the Agreement on Internal Trade (see Website: www.intrasec.mb.ca). The bid notice can be viewed on Website: www.usask.ca/purchasing through the "Competitive Bid Opportunities" link. 1.10 PROPONENT PRESENTATIONS Proponents may be contacted after the RFP closing to arrange for presentations to clarify Proposals, product demonstrations and/or an inspection of their operations. This may or may not be requested. Proponent’s costs for any presentations are entirely the obligation of the Proponent and shall not be charged in any part to the U of S. 1.11 CONFLICT OF INTEREST Proponents must identify any potential conflicts of interest that may arise as a result of their response to this RFP and/or subsequent award of Contract. Non-disclosure of any potential conflicts of interest may be sufficient cause to disqualify the Proposal or terminate/cancel any subsequent Contract. 1.12 ETHICS Parties to this RFP process recognize that the Proponent(s) with whom the U of S chooses to contract as a result of this process, are the preferred Proponent(s) that are authorized to provide contracted Supplies and/or perform the contracted Services. The U of S recognizes their responsibility to encourage and promote use of contracts according to negotiated conditions. Similarly, the parties agree that any actions by a Proponent, including a Proponent who is unsuccessful in obtaining a contract, that have the effect of undermining the effectiveness of any contract entered into with the successful Proponent(s), is a breach of a good faith working relationship and may be sufficient cause to disqualify Proponent(s) from future RFP opportunities. 1.13 CONFIDENTIALITY The Proponent acknowledges that the U of S is a Local Authority within the meaning of The Local Authority Freedom of Information and Protection of Privacy Act (the “Act”). The Proponent may review the Act (which may be obtained at www.qp.gov.sk.ca) and shall assume responsibility for marking documents which the Proponent wishes to remain confidential under the Act. The Proponent shall clearly mark “Confidential” on all information regarding the items and conditions, financial and/or technical aspects of the Proponent’s Proposal response, which in the Proponent’s opinion are of a proprietary or confidential nature at the relevant item or page. The U of S shall use reasonable efforts to hold all information marked “Confidential” by the Proponent in strict confidence but shall not be liable for any inadvertent disclosure. Similarly, information about the U of S obtained by a Proponent and declared by U of S representatives to
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be confidential must not be disclosed unless authorized by the U of S. Upon request, the U of S will provide its standard form non-disclosure agreement to assist in maintaining Proponent’s confidential information. It is agreed that these reciprocal obligations of non-disclosure will survive the termination of any contract that might arise between the parties. This RFP and all drawings, designs, specifications and other data appended or related to it, are the property of the University of Saskatchewan and are supplied only for the purpose of enabling each Proponent to prepare and submit a Proposal in response thereto. The information contained, referenced or appended to the RFP, is not to be disclosed or released for any other use or purpose and must be returned to the U of S when requested. 1.14 IRREVOCABLE OFFER Proposals shall constitute a valid and irrevocable offer which is open for acceptance by the U of S for a period of one-hundred and twenty (120) days following the closing date and time specified in Section 1.6. The U of S reserves the right to accept the Proposal which it deems most advantageous and the right to reject any or all Proposals, in whole or in part, whether the prices offered be the lowest or not. Further, the U of S in its sole discretion, may accept or reject any Proposal which in the opinion of the U of S is incomplete, obscure, irregular, contains exceptions or counter offers or, which is non compliant with the terms of the RFP. The U of S is under no obligation to award a Contract, and reserves the right to terminate the Proposal process at any time, and to withdraw from discussions with any or all of the Proponents who have responded. 1.15 SELECTION PROCESS AND CRITERIA It is the intent of the U of S to select the most effective Proposal that meets the requirements and provides the best overall value to the University. The U of S may or may not, conduct discussions, request further information or clarifications, either in succession or concurrently, with selected Proponents on the content of their Proposal(s) without becoming obligated to clarify or seek further information from any or all other Proponents. However, Proponents are cautioned that any request for clarifications will not be an opportunity either to correct errors or to change their Proposals in any substantive manner. The U of S will not be limited as to its criteria for evaluation of Proposals. At its discretion, the U of S may engage the services of a third party technical Supplier to review, evaluate and recommend the Proposal which best addresses the requirements of this RFP. Proposals shall be evaluated based on the following criteria: a) Percentage Weighting TECHNICAL 30% Understanding of scope of Program. Ability to automate and/or provide web access for ordering and tracking, electronic invoicing and reporting. Flexibility of system: - Access and ease of use. - Customized web pages. - Search capabilities – text and/or photos - Description of vendor security process for e-commerce solutions. - Ability of on-line system to offer best price product options alternatives. - Ability to block out purchases of non contract commodities such as furniture, audiovisual equipment, toner and copy paper. - On line contract pricing.
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b)
Intuitive system that searches other warehouse locations and offers options if requested product not available including incorporation of a campus location that could handle a limited inventory. - Acceptance of orders placed with a purchase order, standing order or PCard. - Order confirmation. - Tracking feature to expedite orders. - Ability to integrate with Banner, the U of S financial system. Process for handling orders placed by purchase order, standing order, or PCard Process for return of products and warranty considerations. Implementation plan for account set-up, training and support Invoicing capabilities (samples required). - Paper and electronic formats - Data capture including Department name/account number, catalogue numbers, product description, price, taxes, purchase order/standing order/PCard number etc. Reporting capabilities including format and transmission mode (samples required). Ability to control and secure information to meet privacy requirements (Section 3.41). Other relevant factors the U of S may consider appropriate to its evaluation.
-
MANAGEMENT PLAN AND PROPONENT QUALIFICATIONS 25% Corporate structure and ownership. Demonstrated ability to satisfy the University requirements Demonstrated ability to work in a large university environment or an organization of similar complexity. Delivery capabilities and level of service commitments including access to sales support and technical help desk. Inventory levels and flexibility. Warehouse facilities and location. Marketing/promotional support. Relevant experience, competence and reliability in handling similar programs. - Demonstrated ability to manage/reduce overall costs in year one, and subsequent years of the Contract. - Demonstrated ability to measure cost savings and identify opportunities for improvement. Proposed implementation team’s qualifications/experience. Other relevant factors the U of S may consider appropriate to its evaluation. COST Proposed pricing structure. Sample product pricing (see Appendix E) Cost saving proposals. Cost of proposed system (if any). Value added benefits Other relevant factors the U of S may consider appropriate to its evaluation. PROPOSAL Contractual terms proposed by the Proponent. Acceptance of Preferred Contractual Provisions. Format that is clear and comprehensive. (see Section 2.1) Other relevant factors the U of S may consider appropriate to its evaluation. Other criteria the U of S may consider appropriate to its evaluation. 30%
c)
d)
10%
e)
5% TOTAL OF 100%
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1.16
CONTRACTUAL OBLIGATION The U of S has outlined both mandatory and preferred contractual provisions (see Section 3.0) that will govern the selection of a Proponent(s) and any subsequent contract issued. These contractual terms will be incorporated into any Contract between the successful Proponent(s) and the U of S. Mandatory contractual provisions cannot be modified in the Proponent's Proposal and shall be deemed to be specifically incorporated by reference in any Proposal submitted by the Proponent(s). Preferred contractual provisions are desirable to the U of S but may be modified upon request. A Proponent may reject or make changes to the preferred contractual provisions by explicitly stating so in their Proposal. The change will be considered in the selection process. Preferred contractual provisions not explicitly rejected or amended by a Proponent, shall be incorporated by reference in any submitted Proposal without further opportunity to comment or amend by the Proponent.
1.17
DISPUTE RESOLUTION If required, the Proponent shall have access to appropriate dispute resolution processes. The Proponent may request a copy of the dispute resolution process options from Purchasing Services. The dispute resolution process will not delay Contract award.
1.18
RIGHT TO NEGOTIATE Should the U of S in its sole discretion, not receive any Proposal satisfactory to the U of S, the U of S reserves the right to negotiate a Contract for all or part of the Program with any one or more of the Proponents without becoming obligated to offer to negotiate with all Proponents.
1.19
SUSPENSION OF RFP PROCESS In the event the U of S discovers new relevant information regarding the requirements of the Program or the Request for Proposal or that Proponents have received unequal access to relevant information, the U of S reserves the right in its sole discretion, to suspend the RFP process, either before or after Proposals have been received, issue new information in writing to all Proponents and then continue the RFP process. In the event the U of S chooses to suspend the RFP process, those Proponents who have submitted bids will be provided with new information and allowed an additional five (5) days to change their Proposals should they choose to do so, or to withdraw altogether. Thereafter, the U of S will continue the RFP process with the remaining Proponents, with all other requirements of the RFP applying as if the RFP process had not been suspended. END OF SECTION 1.0
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2.0
GUIDELINES FOR PROPOSAL
In order to receive a uniform format of responses from all Proponents, the following guidelines for formatting the Proposal have been outlined. 2.1 GENERAL OUTLINE a) b) c) d) e) f) g) h) i) j) k) l) m) n) A table of contents of all presented material. An outline of your corporate structure and ownership, complete with a list of the names of all the owners of the company and/or officers of the corporation, and a company organizational chart. A complete description of the duration and extent of your company's experience, competence and reliability in handling similar programs. Description of proposed Program / system. Proposed implementation plan for the Program / system. The pricing formula(e), in Canadian dollars (see Section 2.3), for all proposed products, Supplies and Services. Responses to specific questions and required information for the Supply Management System for Office and Information Technology Supplies and Related Items as presented in this RFP. The Proponent shall clearly indicate any section that cannot be met in its entirety. Submission of relevant references. Provide a minimum of four (4) references for similar services, to include: company name, contact name, title, and phone number. A summary of any cost saving proposals. A summary of any value added benefits or in-kind contributions (any opportunities for recognition must be approved under University Policy #5.15 see Website: www.usask.ca/policies/5_15.htm). A clear indication of services that will be brokered to third parties, including usage of any U of S inhouse services. Completed Receipt Confirmation (see Appendix A). Completed Proponent Information (see Appendix B). If the Proponent is acting as an agent or representative, include the name and address of the Company being represented. Completed Validation of Proposal and Acceptance of Contractual Provisions (see Appendix C). Proposals shall automatically be deemed to include Proponent’s agreement to the preferred Contractual Provisions which shall be incorporated by reference in the Contract, unless expressly and specifically indicated otherwise. Completed Pricing Sheet in Microsoft Word 7.0 or Microsoft Excel version 97 format (see appendix E). Procedures manual for proposed ordering system. A brief summary of any electronic capabilities that your company can provide for interfacing to U of S systems. This can include electronic commerce, electronic reporting, diskette summary billing, electronic billing, Email, etc.
o) p) q)
2.2
SIGNING AUTHORITY Proposals must be dated and signed in the firm or corporate name and must bear the signature of an officer or agent duly authorized to execute contracts for the Proponent. The Proponent’s name must be fully stated. Where Proposals are signed by an agent of the Proponent, evidence of authority to act as the Proponent’s agent shall accompany the Proposal. Joint Proposals must be dated and signed in the firm or corporate name of the primary Proponent and must bear the signature of a principal duly authorized to execute contracts for the primary Proponent. The primary Proponent will be responsible for all the duties and obligations of the RFP process and the execution of any subsequent contract.
2.3
PRICING STRUCTURE Pricing structure must be shown in Canadian dollars, Goods and Services Tax (GST) and Provincial Sales Tax (PST) excluded.
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The total annual estimated expenditure of $1.1 million is based on past usage statistics. The U of S does not guarantee the purchase of any specific product in any quantity nor guarantees the annual dollar expenditure. Prices are to be submitted in hard copy on the Pricing Sheet (see Appendix E) and electronic copy in Microsoft Word or Excel version 97 (PC format), and must be shown in Canadian dollars, Goods and Services Tax (GST) and Provincial Sales Tax (PST) excluded. Pricing structure quoted should be F.O.B. the U of S and inclusive of all relevant elements including, but not limited to the following: 2.4 Net pricing for all items on price sheet (See appendix E). Taxes, shown separately if applicable. Duty, if applicable. Handling and delivery charges. Implementation charges. System development, maintenance, and upgrade fees. Marketing/promotions. Training. Insurance. Permits, licences, fees. Miscellaneous charges. Minimum order/invoicing charges. Emergency deliveries. Returns/exchanges. Payment schedule. Invoice payment terms. Value added benefits. Pricing formula(e) for proposed products not listed on price sheet (shown separately).
FINANCIAL CAPABILITY The U of S requires assurance that financial limitations do not exist that may cause failure to meet delivery and installation schedules or withdrawal of the company from the marketplace. The U of S reserves the right to request additional information and/or clarification regarding all financial information submitted. END OF SECTION 2.0
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3.0
CONTRACTUAL PROVISIONS
The following conditions will substantially form the Contract that shall result from this RFP process. Mandatory Contractual Provisions are indicated by double asterisks (**) and cannot be modified. Preferred Contractual Provisions are desirable to the U of S but are negotiable. 3.1 PARTIES OF CONTRACT This Contract, BETWEEN: AND: 3.2 DEFINITIONS Throughout this Contract, terminology is used as follows: a) b) c) d) e) f) g) h) i) j) k) 3.3 Committee – Campus representatives responsible for the evaluation and recommendation of award Contract – The agreement resulting from this RFP process. Coordinator – Designated commodity buyer, Purchasing Services responsible for liaising with the Supplier. Department(s) – U of S Colleges, Departments, and affiliates including the Canadian Light Source Inc. Owner or U of S or University – The University of Saskatchewan, as represented by Purchasing Services. PCard – University of Saskatchewan Corporate VISA Purchasing Card Program or Supply or Service – The provision of a Supply Management System for Office and Information Technology Supplies and Related Items. Proponent – Each company receiving this Request for Proposal. Proposal – Documents submitted by Proponents in response to this RFP. Request for Proposal or RFP – Request for Proposal No. 06-013 including all attached and referenced documents and subsequent addenda. Supplier – The successful Proponent with whom the U of S may enter into a Contract. The University of Saskatchewan, a statutory corporation continued under the University of Saskatchewan Act, 1995.
PURPOSE The purpose of this Contract, as further described herein, shall be for the provision of Supply Management System for Office and Information Technology Supplies & Related Items to the U of S, as requested in RFP No. 06-013, and as presented in the Supplier’s Proposal dated month/day/year (and all documents that affect this Contract). The total annual estimated expenditure of $1.1 million is based on past usage statistics and is not a guarantee for the purchase of any specific product in any quantity nor a guarantee of the annual dollar expenditure of this Contract.
3.4
TERM The term of this Contract shall commence on September, 2006 and shall remain in effect until August 31, 2009, unless otherwise terminated in accordance with the terms outlined herein. The commencement date is subject to approval from senior management. The U of S reserves the right to extend this Contract for two (2) additional one (1) year one year options to extend, for a maximum potential Contract period of five (5) years.
3.5
AMENDMENTS ** All changes to this Contract shall be mutually agreed to by the Coordinator and the Supplier, and approved by the U of S. No amendment of this Contract process shall be effective unless it is produced in writing
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and executed by designated U of S signing authorities, and signed by the Supplier’s authorized representative. 3.6 TERMINATION 3.6.1 This Contract may be terminated upon sixty (60) days written notice for reason of: a) b) c) d) Non-conformance to the conditions of this Contract by one party, other than the party seeking termination, or Failure of the parties to negotiate mutually acceptable adjustment of pricing/fee structure (if optional Contract extensions are exercised), or Insolvency, declaration of bankruptcy or commitment of an act of bankruptcy by either party, or Any non-disclosed conflicts of interest.
3.6.2 This Contract may be terminated at any time for reason of: a) b) 3.7 INDEMNITY The Supplier shall indemnify the U of S for all damage suffered by the U of S as a result of the negligent actions or wrongful acts of the Supplier, its employees, servants and/or agents. The Supplier shall also indemnify and hold harmless the U of S, its Board of Governors, students, employees, servants and/or agents from all claims, demands, losses, costs, damages, actions, suits, or proceedings initiated by third parties arising from the negligence of the Supplier, its employees, servants, and/or agents arising directly as a result of the provision of Supply Management System for Office and Information Technology Supplies & Related Items. 3.8 LIABILITY The Supplier shall be liable to the U of S for all losses, damages, costs and expenses of whatever nature or kind the U of S may suffer, sustain, pay or incur as a result of a breach of this Contract by the Supplier or as a result of the negligence or willful misconduct of the Supplier or its agents, subcontractors or suppliers or their directors or employees in connection with, related to, or arising out of the performance, purported performance or nonperformance of the Service. 3.9 INSURANCE The Supplier shall meet the insurance requirements as set forth below. The Supplier shall provide certificate(s) of insurance, duly signed by an authorized representative of the insurer, as evidence of coverage prior to the commencement of this Contract. Commercial General Liability Insurance: With a limit of not less than TWO MILLION CANADIAN DOLLARS ($2,000,000.00 CDN) inclusive per occurrence for bodily injury (including death), and damage to property including loss of use thereof. Such insurance shall include coverage for broad form property damage, contractual liability, completed operations, product liability and non-owned automobiles. Such insurance shall also include the U of S as an additional insured and shall contain a cross liability clause. 3.10 PERFORMANCE REVIEW The Coordinator and the Supplier will meet quarterly to review the performance of the Supplier, to ensure that all parties are confident that the Supplier is providing an acceptable quality of service. Nonconformance to any Contract provisions can be grounds for termination of this Contract. Mutually written agreement by both parties. Exercise of the right to exit pursuant to Section 3.20.
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3.11
SUPPLIER'S PERSONNEL The Supplier shall assign an outside sales representative who will be readily available to assist in problem resolution and contract administration. This individual should also be prepared to call on Departments on a regular basis to market the contracted products and services. The Supplier shall have a designated contact person for inside sales to handle daily inquiries, as well as a designated contact person for accounts receivable. The Supplier shall advise the U of S regarding change in company ownership, Contract related personnel or financial status. The U of S reserves the right to meet with the Supplier to discuss how these changes may affect the performance and conditions of this Contract. In the event that the changes made by the Supplier negatively affect the performance and/or conditions of this Contract, the U of S may terminate the Supplier's Contract (see Section 3.6) and appoint another Supplier.
3.12
INDEPENDENT CONTRACTOR ** All of the Supplier’s employees providing services to the U of S under this Contract, shall be deemed employees solely of the Supplier and shall not be deemed for any purposes whatsoever employees or agents of, acting for, or on behalf of the U of S. The Supplier shall perform all services as an independent contractor and shall discharge all its liabilities as such. No acts performed, or representations, whether oral or written, made by the Supplier with respect to third parties, shall be binding on the U of S.
3.13
ROLES AND RESPONSIBILITIES To be negotiated on the basis of the Supplier’s Proposal.
3.14
SERVICE AND SUPPORT To be negotiated on the basis of the Supplier’s Proposal.
3.15
PRICING STRUCTURE To be negotiated on the basis of the Supplier’s Proposal.
3.16
PAYMENT TERMS/SCHEDULES To be negotiated on the basis of the Supplier’s Proposal.
3.17
INVENTORY The Supplier shall maintain a inventory of contracted supplies to meet all normal day-to-day demands of the U of S, consistent with the performance requirements of this Contract. Provision should be made by the Supplier to provide for back-up inventory should it appear that contractual obligations cannot be met within the accepted time frame.
3.18
DELIVERY AND SERVICE LEVELS To be negotiated on the basis of the Supplier’s Proposal.
3.19
AUDITS The Supplier shall comply with any requests from the University to audit the costs and/or other pertinent records of the Supplier, upon the premises of the Supplier. This is optional and may or may not be requested.
3.20
REPORTS To be negotiated on the basis of the Supplier’s Proposal. The Supplier shall maintain a record of usage and expenditures for items supplied under this Contract to the U of S. Such a report shall be supplied to
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the U of S within thirty (30) days from the date of the request of the U of S and normally about one hundred and twenty (120) days prior to the expiration/termination of this Contract. 3.21 OPERATIONAL PROBLEM RESOLUTION When resolving problems, the Supplier shall contact by telephone and if requested, visit the concerned Department. The Supplier shall then advise the U of S regarding the action taken. 3.22 TRANSITION In the event that a new Contract term is not awarded, a transition period shall be in effect whereby, the current Service Provider shall honour all orders for sixty (60) days beyond their Contract expiry date. 3.23 ALTERNATE DISPUTE RESOLUTION The parties shall make every reasonable effort to promptly resolve disputes arising from this Contract on an informal basis. If a dispute is not resolved within ten (10) days of identifying a problem or within a period of time mutually agreed to by the parties, the parties shall appoint a mediator to assist the parties to reach agreement. If the dispute is not resolved with the assistance of a mediator the parties shall seek resolution through non-binding arbitration. The arbitration shall be conducted in Saskatoon, Saskatchewan. The Alternate Dispute Resolution shall not limit a party to any legal rights with respect to the resolution of any dispute arising from this Contract. 3.24 UNIVERSITY POLICIES, PROCEDURES AND REGULATIONS ** Personnel of the Supplier shall observe all policies, procedures and regulations of the U of S made known to them. All delivery vehicles shall be turned off when parked near or in building loading docks on the University campus to alleviate problems with vehicle exhaust ingestion in the various buildings. 3.25 EXTERNAL MARKETING ** The Supplier shall not use the name of the U of S for any external marketing purposes whatsoever without express written permission from the U of S. 3.26 NOTICES All notices required under this Contract shall be in writing, and shall be deemed to have been duly given and received either: a) b) c) On the date of receipt, if delivered by hand or commercial courier, or At the commencement of the next normal business day following the date of transmission, if sent by facsimile, or Within three (3) business days from the date of mailing, if sent by certified mail.
When such communications have been addressed as follows: If to the U of S Purchasing Services, University of Saskatchewan E150 – 105 Administration Place Saskatoon SK S7N 5A2 Attention: Laurier Langlois Facsimile: (306) 966-8342
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If to name of Supplier Address Attention: Facsimile 3.27 CONFIDENTIALITY ** The Supplier acknowledges that the U of S is a public body subject to “The Local Authority Freedom of Information and Protection of Privacy Act” (the Act). The Supplier has reviewed the Act and determined the categories of records that are excepted from disclosure under the Act. The U of S shall use all reasonable efforts to hold all information marked “Confidential” by the Supplier in strict confidence but shall not be liable for any inadvertent disclosure. Similarly, information about the U of S obtained by a Supplier and declared by U of S representatives to be confidential shall not be disclosed unless authorized by the U of S. It is agreed that these reciprocal obligations of non-disclosure will survive the termination of this Contract. 3.28 SURVIVAL The terms, conditions, representations and warranties contained in this Contract shall survive the termination or expiration of this Contract. 3.29 ASSIGNMENT This Contract or its rights, duties or obligations, shall not be assigned by either party without the written consent of the other. 3.30 GOVERNING LAWS ** This Contract shall be subject to, and governed by, and interpreted in accordance with the laws of Canada and the Province of Saskatchewan. The United Nations Convention on Contracts and the International Sale of Goods does not apply to this Contract. The courts of Saskatchewan shall have exclusive jurisdiction in the event of any dispute arising out of this Contract. END OF SECTION 3.0
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APPENDIX A:
RECEIPT CONFIRMATION
RFP No. 06-013
Supply Mgt System for Office and IT Supplies and Related Items
Please complete this form and fax IMMEDIATELY to: Purchasing Services, University of Saskatchewan E150 – 105 Administration Place, Saskatoon SK S7N 5A2 Attention: Laurier Langlois Fax: (306) 966-8342
Failure to return this form may result in a termination of communication regarding this RFP. COMPANY NAME: ADDRESS: CITY: CONTACT PERSON: PHONE NO: EMAIL ADDRESS: I have received a copy of the above noted RFP. FAX NO: PROVINCE: POSTAL CODE:
Yes, I will be responding to this RFP. I also authorize the University of Saskatchewan Purchasing
Services to send further correspondence that it deems to be of an urgent nature by the following method: Courier collect Facsimile Email
No, I will not be responding to this RFP. I understand that if I do not submit a Proposal, this will not affect
our company’s status as a potential Proponent to the University of Saskatchewan in the future. I also understand that if I do not return this form, our company will not receive any further notices with regard to this RFP.
SIGNATURE: TITLE: DATE:
NON-DISCLOSURE AGREEMENT The content of this RFP is regarded as proprietary to the U of S and the Proponent. This RFP, any subsequent Contract and all pertinent information, are deemed confidential and may not be disclosed to any third party without the prior written permission of both parties.
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APPENDIX B: B.1 CORPORATE NAME AND ADDRESS: Company Name: Street Address: P.O. Box: City: Province: Email Address: B.2 REMIT TO:
PROPONENT INFORMATION
Phone: ( Fax: ( )
)
Postal Code:
B.3
LOCAL REPRESENTATIVE: Address: Phone: Fax:
B.4
CONTACTS: (include address, phone and fax numbers, if different from above): Order Placement: Expediting: Claims: Pricing Information: Accounting: Technical Information: Contract Administration: Sales Manager: Remarks:
B.5
FINANCIAL: Name of Bank: Address:
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Contact Name: B.6 DELIVERY Transportation companies utilized: Contact Name: Phone: B.7 PRIMARY INVENTORY Location: B.8 BACK-UP INVENTORY (if applicable) Location(s): Fax:
Phone:
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APPENDIX C: C.1
VALIDATION OF PROPOSAL AND ACCEPTANCE OF CONTRACTUAL PROVISIONS
Proponent confirms that its Proposal has taken into consideration all information provided in the RFP including all attachments and subsequent addenda (if any). The total number of addenda received by the Proponent is . Proponent confirms the validity period of its irrevocable Proposal is one-hundred and twenty (120) days from the closing date. Proponent accepts without modification all Mandatory Contractual Provisions listed below and outlined in Section 3.0 – CONTRACTUAL PROVISIONS. Non acceptance of any Mandatory Contractual Provisions will result in Proposal disqualification. 3.5 3.12 3.23 3.24 3.26 3.29 AMENDMENTS INDEPENDENT CONTRACTOR UNIVERSITY POLICIES, PROCEDURES AND REGULATIONS EXTERNAL MARKETING CONFIDENTIALITY GOVERNING LAWS
C.2
C.3
C.4
Proponent accepts all Preferred Contractual Provisions of this RFP with the following proposed revisions, if any (attachments are acceptable if there is insufficient space).
Proponent Authorized Representative Title Signature Date
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APPENDIX D: Background
BACKGROUND INFORMATION
The University of Saskatchewan is considering the establishment of a fully automated direct order system with one preferred, non exclusive Supplier for the supply and delivery of office and information technology supplies, through the implementation of an electronic ordering and billing process. The intent of the subsequent Contract is to provide daily office and information technology Supply requirements to the U of S and Departments while maximizing the use of technology to improve processes and achieve cost savings. The U of S is also seeking new opportunities for revenue generation. The U of S currently maintains a stationery stores operation that carries a limited inventory and processes special orders to support University Departments. The stationery stores receive approximately 1000 orders per month which are either fulfilled from inventory or ordered from various contracted Suppliers. Additionally, approximately 1100 orders for office and information technology supplies are placed directly with Suppliers by Departments using the PCard. Process The Committee will be responsible for evaluating and selecting the RFP(s) that provides the best solution for the U of S, based on the selection criteria stated in Section 1.15 of the RFP. Further analysis will then take place to identify and evaluate possible options for recommendation to senior administration. These options will be based on information submitted by a Proponent(s) and may include, the continuing limited use of the stationery stores in combination with one or two preferred Suppliers, the use of one preferred Supplier, the use of two preferred Suppliers or other creative solutions that may be proposed by a Proponent(s). Upon approval from senior administration, the U of S will proceed to implement the recommended solution. The University of Saskatchewan reserves the right to make no award if, in its sole judgement, making no award is in the best interest of the University. Proposals Proponents are asked to submit a Proposal(s) identifying options that the U of S can consider in determining the best overall solution for the University of Saskatchewan. The following commodities are excluded from the RFP process: Printer and ink cartridges, toner, office furniture, equipment and copy paper. Contracts are currently in place for the toner and ink cartridges until June 2006 and copy paper until February 28, 2006. Upon expiration of the toner contract, the U of S may enter into negotiations with the successful Proponent of this RFP to incorporate the toner requirements into the Contract resulting from this RFP process. Other excluded commodities will remain outside the scope of this Contract. Ideally, the U of S is seeking the provision of: 1. 2. 3. 4. 5. 6. Electronic catalogue ordering and invoicing Department direct ordering and desktop delivery Supply and delivery of products within a twenty-four (24) hour lead time Adequate inventory levels to accommodate demand Comprehensive and flexible reporting capabilities, including standard reports. Sufficient personnel to meet the demands of the Contract including a dedicated sales representative
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APPENDIX E:
PRICING SHEET
The following list is a representative sampling of the top 100 items ordered in the past 12 months (2004-2005). Supplier Catalogue Page Number
Seq No
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39
Brand
ESSELTE BUNZL HILROY HILROY HILROY HILROY HILROY HILROY ESSELTE Paper Mate HILROY SANFORD HILROY 3M HILROY ACME ESSELTE HILROY ESSELTE SANFORD Verbatim Oxford HILROY ACME SANFORD JIFFCO HILROY HILROY CRESTAR HILROY ESSELTE SANFORD ESSELTE 3M DAVIS GROUP ACCO ESSELTE BIC HILROY
Product Number
413 T1/3 179001 32514 66400 32517 13222 05233 32516 213B 33111 46501 30001C 63350 3690 CLR 32518 X751-100 57538/5012523 32515 E400 25025C 94776 ST1DT613RT 51-151 X753-150 96101 JK30-1 32513 32511 SWPP-BLK 53352 52503 96601 L231-15 PP903 8712-00 7471135108 57503/50125 MPF11 32512
Quantity
13500 7452 5200 4717 4100 3210 2710 2600 2376 2728 2735 1800 1800 1692 1600 1600 1300 1300 1200 1104 1070 1000 970 954 946 939 920 900 864 864 835 792 773 773 761 731 700 696 674
Unit of Measure
EACH BOX EACH EACH EACH EACH PKG EACH SET 1ea EACH EACH EA EACH EACH EACH EACH EACH EACH EACH 1ea 1ea EACH EACH EACH EACH EACH EACH EACH EA EACH EACH SET BOX EACH BOX EACH EACH EACH
Description
FILE FOLDER-LETTER 1/3 CUT ALL 3POS FACIAL TISSUE-WHT SWAN 2PLY 100/BX MAILITE BAG-8 1/2 X 12 FIGURING PAD-LETTER WHT WIDE RULED MAILITE BAG-10 1/2 X 16 #5 EXERCISE BOOK-GRAPH RULED COIL SHEET-11 X 8 1/2 RLD 3RG 200/PKG MAILITE BAG-9 1/2 X 14 1/4 100/CS 4 INDEX-WRITE ON TAB 5 ASST COL TABS BALLPT PEN BLU MED. PAPERMATE TELEPHONE MESSAGE PAD PINK MARKER-SANFORD SHARPIE BLK PERM CARD INDEX 3 X 5" RULED 100/PKG PACKING TAPE-CLEAR 48MM X 50M AIR BUBBLE BAG 6 12X19 LOOSE LEAF RING-1INCH T/O TWIN POCKET PORTFOLIODK.BLU(06005) AIR BUBBLE BAG 3 8X14 OUT GUIDE-LETTER END TAB PRESSBOARD HILITER-MJ ACCENT FL. YLW CHISEL VERBATIM CDR 52X SLIM JEWEL FOLDER SLIMTRIM - LGL 10% PCW FIGURING PAD-LETTER CANARY BOND RLD LOOSE LEAF RING-1 1/2 INCH BALL PEN-PMATE FLEXIGRIP BLUE MED MARKER-JIFFY BLACK CHISEL REGULAR AIR BUBBLE BAG 1 7.25X 12 MAILITE BAG-5 X 10 #00 MARKER-PILOT FINELINER BLK PERM CARD INDEX 3 X 5" PLAIN 100/PKG TANG COVER-GREEN 11" BALL PEN-PMATE FLEXIGRIP BLUE FINE INDEX-1-15 11 X 8.5 BUFF NUMBERED TRANSPARENCY-COPIER W/REM STRP RING BINDER-1 1/2" QUICK FIT WHITE STAPLES-STANDARD 5M/BOX SWINGLINE TWIN POCKET PORTFOLIO-GREEN (06006) PENCIL-MECH .5MM BIC DISP AIR BUBBLE BAG 0 6X10
Unit Price
Total Price
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Seq No
40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82
Brand
ACCO HILROY HILROY CRESTAR HILROY HILROY HILROY SANFORD SANFORD HENKEL SANFORD ACME Avery SANFORD HILROY 3M ACCO Reversaflex SANFORD HILROY 3M HILROY PENTEL VERBATIM SANFORD STAEDTLER ACCO ESSELTE CRESTAR ACCO CRESTAR HILROY UNISOURCE Bic SANFORD Oxford SANFORD ACCO CRESTAR SANFORD ACCO WINNABLES SANFORD
Product Number
13531 66153 32519 BPS-F 51154 51939 07261 06604 6110187 533-2 96301 X1411 13035 95101 05627 683-4 36306 42 30003C 66081 2020-18 63662 50-HB 87410 35001 526-50 13541 R413 BXV5-BLU 36346 BXV5-BLK 54130 459911 CSM11-2 60103 ST1DT613LT 56332 13533 SWPP-RED 96201 13551 EN01CR 83401
Quantity
673 660 650 624 623 600 600 599 540 540 504 495 480 480 480 469 460 451 450 444 444 432 420 410 408 405 402 396 396 388 384 380 375 372 372 360 360 360 360 360 356 351 350
Unit of Measure
EACH EACH EACH EACH EACH EACH PKG EACH EACH EA EACH BOX 100/pk EACH EA PKG EACH 25/pk EACH PAD EACH PKG TUBE BOX EACH EACH EACH BOX EACH EACH EA EACH EACH 1ea EACH 1ea EACH EACH EACH EACH EACH EACH EACH
Description
RING BINDER-1" BLACK STENO NOTE BOOK-6 X 9 120PG WHITE MAILITE BAG-14 1/4 X 20 #7 PEN-STICK PILOT BPS FINE BLU FIGURING PAD-LETTER 3 HOLE PUNCHED FIGURING PAD-LETTER CANARY NEWS RLD INDEX DIVIDER-LTR CLASS SCHED 5/PKG CORRECTION FILM-DRYLINE COMPACT BALL PEN-COMFORTMATE BLUE MED GLUE STICK LEPAGE BONDFAST 10GM BALL PEN-PMATE FLEXIGRIP BLK MED FOLDBACK CLIP-3/4 12/BOX SHIPP.TAGS 4-3/4X2-3/8 MANILLA BALL PEN-PMATE FLEX RET BLU MED NEAT BOOK WIRELESS 10.5X8 160PG POST IT FLAG-SMALL 4 COLORS IN DISP RING BINDER-5/8" VISION WHITE TABS FOR HANG.FOLDER CLEAR 2IN MARKER-SANFORD SHARPIE BLU PERM WRITING PAD-BASIC EXEC LEGAL WHT TAPE-MASKING 3/4 INDEX CARDS-RULED 4" X 6" WHITE 100 PENCIL LEADS-0.5MM HB PENTEL 12/TUB DISKETTE-3 1/2 DS HD FORM VERB MARKER-SANFORD SHARPIE XF BLK ERASER-PLASTIC WHITE (MARS) RING BINDER-1 1/2" BLACK FILE FOLDER-LETTER REVERSIBLE ROLLING WRITER-PILOT HITEC XF BLU RING BINDER-2" VISION WHITE ROLLING WRITER-PILOT HITEC XF BLK FIGURING PAD-LETTER WHT RULED/PERF LIBRARY POCKET-3.5 X 3.75 SA BALLPT PEN BIC CLIC MED. BLU ROLLING WRITER-UNIBALL FINE BLU SLIMTRIM FOLDER - LGL 10% PCW LIQUID PAPER-MULTI FLUID WHT RING BINDER-1" BLUE MARKER-PILOT FINELINER RED PERM BALL PEN-PMATE FLEXIGRIP RED MED RING BINDER-2" BLACK ENVELOPE-POLY 10X13 CLR BUTT/STRING MARKER-WHITEBOARD EXPO BROAD BLK
Unit Price
Total Price
Supplier Catalogue Page Number
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Seq No
83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100
Brand
ACCO BOSTICH ACCO DOMINION BLUELINE SANFORD HILROY ACCO Wilson Jones Opmark SANFORD PENTEL ACCO SANFORD SANFORD Reversaflex AVERY STAEDTLER BOSTICH
Product Number
13666 B515 13801 60037 37001 51941 36336 WLJ-43355 64235 96701 M550A 74003 60151 25026-C 5153 05160 318-9 SBS191/4CP
Quantity
348 345 343 340 336 330 329 325 320 319 319 318 312 300 295 294 292 290
Unit of Measure
EACH EACH EACH EACH EACH EACH EACH 1ea 10/pk EACH EACH EACH EACH EACH 25/bx BOX EACH BOX
Description
RING BINDER-2" D VISION WHITE STAPLER STD FULL STRIP BLK RING BINDER-1" D RING BLACK COMPOSITION BOOK-BLACK 192 PGS MARKER-SANFORD SHARPIE PERM UF BLK FIGURING PAD-5 X 8 CANARY RULED RING BINDER-1 1/2" VISION WHITE ADD POLY TWIN POCKET REPORT CO BADGE HOLDER 3X4 BALL PEN-PMATE FLEXIGRIP RED FINE MARKER-PENTEL FINE BLACK PERM INK PUNCH-3 HOLE ADJUSTABLE M12 ROLLING WRITER-UNIBALL BLK HILITER-MJ ACCENT FL. GREEN CHISEL HANGING FOLDER GRN LGL LABEL-LASER 2 5/8 X 1 30/SHT AL100 MARKER-LUMOCOLOR PERM FINE BLK STAPLES-STD BOSTICH 5M/BOX
Unit Price
Total Price
Supplier Catalogue Page Number
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