R e v .   1 ‐ 1 9 ‐ 0 7                                                                                                                                                                                  An  E qu a l  Opp o r t u n i t y  Un i v e r s i t y  

INVITATION FOR BIDS (Informal/FAX)

ATTENTION: This is not an order. Read all instructions, terms and conditions carefully.

INVITATION NO.: RFQ-CL06 Issue Date: July 12, 2007

Title: Replacement Curtains – Worsham Theatre, Student Center

Contracting Officer: Craig Locke

Phone/Email:

(859) 257- 2964 clocke@email.uky.edu

RETURN ORIGINAL COPY OF BID TO: UNIVERSITY OF KENTUCKY

PURCHASING DIVISION BID DESK, BID # RFQ-CL06_ BID DATE __7-18-07___

411 S LIMESTONE 322 PETERSON SERVICE BLDG.

LEXINGTON, KY 40506-0005 Bids MAY _X_ or MAY NOT __ be

returned via FAX to (859) 257 – 1951

IMPORTANT: BIDS MUST BE RECEIVED BY 07-18-07 @ 3:00 P.M. LEXINGTON, KY TIME

1. Bids for furnishing the following will be received by the Purchasing Division, University of Kentucky, Lexington, Kentucky, until the date and time stated above. Bid number and opening date must be clearly marked on the outside of all bids. Bids not properly identified may not be considered for award.

2. Please submit your single best net price on each item, unless a discount from list price is requested. 3. Bids submitted must be firm. Those bids containing escalator clauses will not be accepted, unless provided for in Special

Conditions. To receive consideration, bids must be made on this form and signed in full. Prices must be based on stated units and extended.

4. The University’s General Terms and Conditions and Instructions to Bidders, viewable at www.uky.edu/Purchasing/terms.htm, apply to this Invitation for Bid. When the Invitation for Bid includes construction services, the University’s General Conditions for Construction and Instructions to Bidders, viewable at www.uky.edu/Purchasing/ccphome.htm, apply to the Invitation for Bid.

5. The University of Kentucky Sales Tax Exemption Number is A-00276. Certificate will be provided upon request.

ALL BIDS ARE TO BE " F.O.B. DESTINATION – FREIGHT PREPAID AND ALLOWED"

THIS AREA MUST BE COMPLETED DELIVERY TIME: NAME OF COMPANY: PHONE:

BID FIRM THROUGH: ADDRESS: FAX:

PAYMENT TERMS: CITY, STATE & ZIP CODE: E-MAIL:

SHIPPING TERMS: F.O.B. DESTINATION – PREPAID AND ALLOWED

TYPED OR PRINTED NAME: WEB ADDRESS:

FEDERAL EMPLOYER ID NO.:

SIGNATURE: DATE:

SIGNATURE REQUIRED: This bid cannot be considered valid unless signed and dated by an authorized agent of the bidder. Type or print the information requested in the spaces provided.

INVITATION NO. RFQ-CL06 2 of 8

INSTRUCTIONS TO BIDDERS:

Bidder's response on the following items must include full identification of the item(s) proposed, and be accompanied by

descriptive literature, etc., to enable the purchaser to evaluate qualifications of the item(s) proposed as equal to those specified. ALL ALTERNATE BIDS MUST BE ACCOMPANIED BY COMPLETE LITERATURE AND SPECIFICATIONS. FAILURE TO PROVIDE SUFFICIENT INFORMATION MAY BE CAUSE FOR REJECTION OF THE BID.

When a Bidder proposes to furnish the exact item specified, he shall cite, beside the item, or use the Mfg. & Model No. Proposed

blank that follows the line item as follows: 1. If bidding the manufacturer and model number specified in this Bid, write in "AS SPECIFIED". 2. If bidding an alternate model, identify by manufacturer's number and model. 3. If bidding a private label model, identify as private label and show stock number.

AUTHENTICATION OF BID AND STATEMENT OF NON-COLLUSION AND NON-CONFLICT OF INTEREST

I hereby swear (or affirm) under the penalty for false swearing as provided by KRS 523.040: 1. That I am the bidder (if the bidder is an individual), a partner, (if the bidder is a partnership), or an officer or employee of the

bidding corporation having authority to sign on its behalf (if the bidder is a corporation); 2. That the attached bid has been arrived at by the bidder independently and has been submitted without collusion with, and without

any agreement, understanding or planned common course of action with, any other vendor of materials, supplies, equipment or services described in the Invitation for Bids, designed to limit independent bidding or competition;

3. That the contents of the bid or bids have not been communicated by the bidder or its employees or agents to any person not an employee or agent of the bidder or its surety on any bond furnished with the bid or bids and will not be communicated to any such person prior to the official opening of the bid or bids:

4. That the bidder is legally entitled to enter into contracts with the University of Kentucky and is not in violation of any prohibited conflict of interest, including those prohibited by the provisions of KRS 164.390,45A.330 to 45A.340

5. That I have fully informed myself regarding the accuracy of the statement made above.

NOTICE

Any agreement or collusion among bidders or prospective bidders which restrains, tends to restrain, or is reasonably calculated to restrain competition by agreement to bid at a fixed price or to refrain from bidding, or otherwise, is prohibited, in accordance with 45A.325.

SWORN STATEMENT OF COMPLIANCE WITH CAMPAIGN FINANCE LAWS

In accordance with KRS45A.110(2), the undersigned hereby swears under penalty of perjury that he/she has not knowingly

violated any provision of the campaign finance laws of the Commonwealth of Kentucky and that the award of a contract to a bidder will not violate any provision of the campaign finance laws of the Commonwealth of Kentucky.

CONTRACTOR REPORT OF PRIOR VIOLATIONS OF KRS CHAPTERS 136, 139, 141, 337, 338, 341 & 342

The contractor by signing and submitting a bid on this invitation agrees as required by 45A.485 to submit final determinations of any violations of the provisions of KRS Chapters 136, 139, 141, 337, 338, 341 and 342 that have occurred in the previous five (5) years prior to the award of a contract and agrees to remain in continuous compliance with the provisions of these statutes during the duration of any contract that may be established. Final determinations of violations of these statutes must be provided to the University by the successful contractor prior to the award of a contract.

CERTIFICATION OF NON-SEGREGATED FACILITIES

The contractor, by submitting a bid to this Invitation, certifies that he/she is in compliance with the Code of Federal Regulations, No. 41 CFR 60-1.8(b), that prohibits maintaining segregated facilities.

METHOD OF AWARD

The award of this Invitation for Bids will be made on the basis of best value. Unless otherwise specified, it is the intent of the

University of Kentucky to award a single contract, however we reserve the right to make multiple awards, group awards or line item contract awards if in the University’s best interest.

INVITATION NO. RFQ-CL06 3 of 8

BID NUMBER AND OPENING/CLOSING DATE MUST BE CLEARLY STATED ON BIDS OR SHIPPING PARCELS. SCOPE This Invitation for Bids is to establish a purchase order for Replacement Curtains – Worsham Theatre for the University of Kentucky Student Center, Lexington, Kentucky. SPECIAL CONDITIONS TERMINATION FOR CONVENIENCE PRODUCTS The University of Kentucky, Purchasing Division, reserves the right to terminate all or part of the resulting purchase order without cause, with a 30 day written notice. Product orders may not be accepted (shipped and invoiced) by the awardee following the termination of the purchase order without approval from the Purchasing Division. SERVICE POLICIES Bidders should include a copy of their Return/Refund and Minimum Order Policy if applicable, which is to be incorporated into the purchase order. CONFIDENTIALITY a) Unless an exception in accordance with (C) below, and until the Effective Date of an agreement

pursuant to this Invitation for Bid, this IFB, any responses to the IFB, and other related documents, including but not limited to attachments, appendices, and exhibits, shall be marked and treated as CONFIDENTIAL, as provided for preliminary correspondence under KRS 61.878(1)(i).

b) On and after the Effective Date of the agreement pursuant to this IFB, all documents associated with

this IFB, unless an exception in accordance with (C) below, are NOT treated as CONFIDENTIAL documents and will be released upon receipt of a valid request under Kentucky Open Records law.

c) Any material or information, in whole or in part, that is submitted whether before or after the Effective

Date and that the party believes is confidential or proprietary shall be submitted separately in a document/format clearly marked CONFIDENTIAL. If a party submitting a response to a proposal believes that any document, before or after the Effective Date of the agreement, in whole or in part, pursuant to the IFB is confidential or contains confidential or proprietary information, the party shall identify the specific information and shall submit a listing of the information and the rationale for its being confidential or proprietary. University Office of General Counsel shall review the submitted material/information, consulting with officials of the submitting company, if needed, and make a final determination as to the confidential or proprietary nature of the submitted material.

INVITATION NO. RFQ-CL06 4 of 8

CONTRACTOR REPRESENTATION The awardee must have adequate representation to accommodate the University account. The representative will have the responsibility to call on the Purchasing Division and on other University Departments, and resolve invoice discrepancies and other problems that may occur. The above responsibilities will be on an as needed basis unless otherwise specified. PROCUREMENT CARD PROGRAM The University of Kentucky has implemented a procurement card program in an effort to streamline the purchasing and payment process. In the near future, the University will be requiring contractors to accept the procurement card as payment for most goods and services. No additional charges may be added for acceptance of the Procurement card. Therefore, we are asking all bidders to answer the following questions: Do you currently accept Master Card or Visa? YES NO If no, when do you plan on accepting them? _____________________________ Reporting Capability: Level 1: Basic information which includes, name, transaction date, amount, city, state and phone number. Level 2: Includes all of level 1 information plus sales tax information. Level 3: Includes level 1 and level 2 information plus line by line detail of all items purchased. Provide what level of reporting capability that your company has: ______________________ ITEM ADDITIONS TO CONTRACT The University of Kentucky reserves the right to add related items to the purchase order established from this Invitation for Bids. The University reserves the right to incorporate any awarded items into existing price contracts upon mutual consent of the successful bidder. QUANTITIES All quantities referenced are ESTIMATES only. The University makes no guarantee or promise as to the actual quantities ordered.

INVITATION NO. RFQ-CL06 5 of 8

INVOICING AND PAYMENT PROCEDURES Awardee is to submit proper invoices to the address shown on each purchase order. The following items are to be included on each invoice: a. Purchase Order Number b. Ship-to-Address c. Catalog number d. Item Cost Payment will be made as each shipment is completed and invoiced. The awardee will be required to include the purchase order number on the invoice that was assigned when the request for shipment was made. If invoice pricing is not in accordance with the bid amount, this will cause undue delay in payment. SAMPLES/DESCRIPTIVE LITERATURE The University reserves the right to request samples and/or descriptive literature of any or all items bid. The bidder must provide these items to the Purchasing Office within three (3) days of the request at no charge to the University. These samples are non-returnable. Failure to comply may be cause for rejection of bid. RESTRICTIONS ON COMMUNICATIONS WITH UNIVERSITY STAFF From the issue date of this IFB until an awardee is selected and a purchase order award is made, bidders are not allowed to communicate about the subject of the IFB with any University administrator, faculty, staff, or members of the Board of Trustees except the Purchasing Office representative, any University Purchasing Official representing the University administration, or others authorized in writing by the Purchasing Office. If violation of this provision occurs, the University reserves the right to reject the bidder’s response. INSURANCE The successful awardee shall procure and maintain, at its expense, the following minimum insurance coverages insuring all services, work activities and contractual obligations undertaken in this contract. These insurance policies must be with insurers acceptable to the University.

COVERAGES LIMITS Workers’ Compensation Statutory Requirements (Kentucky) Employer’s Liability $500,000/$500,000/$500,000

INVITATION NO. RFQ-CL06 6 of 8

Commercial General Liability, including operations/ completed operations, products, and contractual liability (including defense and investigation costs) including this contract.

$1,000,000 each occurrence (BI & PD combined) $2,000,000 Products and Completed Operations Aggregate

Business Automobile Liability, covering owned, leased, or non-owned autos

$1,000,000 each occurrence (BI & PD combined)

The successful awardee agrees to furnish Certificates of Insurance for the above described coverages and limits to the University of Kentucky Purchasing Division. The University, its trustees and employees must be added as Additional Insured on the Commercial General Liability policy with regards to the scope of the awarded purchase order. Any deductibles or self-insured retention in the above-described policies must be paid and are the sole responsibility of the awardee. Coverage is to be primary and non-contributory with other coverage, if any, purchased by the University. All of these required policies must include a Waiver of Subrogation, except Workers’ Compensation, in favor of the University, its trustees and employees. INVITATION SUBMISSION AND DEADLINE The University of Kentucky accepts deliveries of IFB’s Monday through Friday from 8:00 a.m. – 5:00 p.m. Lexington, Kentucky time. However, IFB’s must be received by 3:00 p.m. Lexington, Kentucky time on the date specified on the IFB in order to be considered. SITE VISITS Any parties wishing to make a site visit to the location are to contact the Contracting Officer above for more information.

INVITATION NO. RFQ-CL06 7 of 8

BID PRICING FORM Bidders are to offer a total bid price below for entire project as specified below.

REQUESTING DEPT: Student Center SHIP-TO ADDRESS: Worsham Theatre 404 South Limestone Campus – Lexington, Kentucky

PROJECT DESCRIPTION: Replace front curtains and wall curtains in Worsham Theater, Student Center Addition, University of Kentucky. Bid pricing to include the following:

• All required measurements • Removal and disposal of existing curtains from premises • Furnish and install new curtains as specified below. Installation and all aspects of project are

subject to approval of building operator and Student Center Director. Fabric for curtains must meet or exceed fire rating NFPA 701. Successful bidder must furnish a fire ratings certificate reflecting the above rating at point of purchase order award. Fabric specifications to be as follows: Mfg: KM Fabrics, Inc. Fiber content: 100% cotton Series: “Memorable” Weight – 25 oz per linear yard. Fabric must be as specified; no substitutions shall be accepted. Side wall curtains (2 walls) and corner/angled transition walls (2) to be #4171 (Moleskin) and are to be box pleated for acoustical properties (identical to existing curtains). Front curtain to be #1064 (Black) and to be pleated, backed, reinforced, webbed, and hemmed as necessary for mounting on existing opening/closing mechanism. Bidder note: Transition walls will require additional finishing to surround openings for speaker encasements. All curtains are to be finished around existing thermostats, lighting controls, etc. Bid pricing is to include all mountings/attachments and hangers required for sidewall mounting and attachment to the front curtain closing/opening mechanism. Successful bidder must provide all equipment, lifts, ladders, tools, etc. required for proper and complete installation of curtains and completion of project. Installation must be completed by August 31, 2007 and must be scheduled as far in advance as possible due to heavily scheduled use of venue. TOTAL BID PRICE $ ________________________

Indicate number of days after receipt of purchase order required for complete installation of above project: ________________

INVITATION NO. RFQ-CL06 8 of 8

REPRESENTATION INFORMATION

REPRESENTATIVE’S NAME: ________________________________________

ADDRESS: ________________________________________

TELEPHONE NUMBER: ________________________________________

FAX NUMBER: ________________________________________

E-MAIL ADDRESS: ________________________________________

ORDER ENTRY INFORMATION

ORDER TO BE PLACED: ________________________________________

TELEPHONE NUMBER: ________________________________________

FAX NUMBER: ________________________________________