LANCASTER-LEBANON INTERMEDIATE UNIT 13 COLLABORATIVE PURCHASING PROGRAM INVITATION TO BID # for EARLY CHILDHOOD SUPPLIES CATALOG DISCOUNT

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1 LANCASTER-LEBANON INTERMEDIATE UNIT 13 COLLABORATIVE PURCHASING PROGRAM INVITATION TO BID # for EARLY CHILDHOOD SUPPLIES CATALOG DISCOUNT for the 2014/2015 and 2015/2016 school years Issued on March 17, 2014 Bid Submittal Deadline: Thursday, at 12:00 PM (noon) Eastern Standard Daylight Time ( EST ) Bid Opening Date and Time: Thursday, at 2:00 PM EST Bid Opening Location: Lancaster-Lebanon Intermediate Unit 13 ( LLIU 13 ) 1020 New Holland Avenue Lancaster, PA Early Childhood Supplies Catalog Discount Bid 1

2 BID TABLE OF CONTENTS Your Bid Packet should contain the following: SECTION I General Bid Notes....Page 3 SECTION II General Bid and Contract Requirements.. Page 4 SECTION III Commodity Category Specifications...Page 9 SECTION IV Participants...Page 12 SECTION V Participants Estimated Annual Spending..Page 13 SECTION VI Bid Response Sheet....Page 15 SECTION VII Piggyback Clause Acceptance Agreement..Page 17 SECTION VIII Form of Proposal..Page 20 SECTION IX Non-Collusion Affidavit...Page 22 SECTION X Addendum Acknowledgement Form...Page 24 If your Bid Packet is missing any of the above sections, contact the following: Diane Bates Collaborative Services Program Assistant Lancaster-Lebanon Intermediate Unit New Holland Avenue Lancaster, PA Phone: (717) diane_bates@iu13.org Early Childhood Supplies Catalog Discount Bid 2

3 SECTION I: GENERAL BID NOTES Please ensure that your bid complies with all requirements specified in this Bid Packet. Attention to all clauses of these requirements is advised. 1. Complete Bid response documents by printing neatly and legibly in pen or typing. 2. Any variation in your bid from the conditions and specifications as outlined in this Bid Packet must be clearly stated, with all variations of substance from specifications noted. 3. Any vendor on the LLIU 13 Collaborative Purchasing Programs solicitations list for a particular commodity category who does not participate in a minimum of one bid in that category during a two year period may be removed from the solicitations list. End of Section Early Childhood Supplies Catalog Discount Bid 3

4 SECTION II: GENERAL BID AND CONTRACT REQUIREMENTS 1. SUBMISSION OF BIDS: Sealed bids, including all required proposal and response documentation, shall be submitted electronically in PDF format to: The subject line of the should read as follows: LLIU 13 Early Childhood Supplies Catalog Discount. All proposals will be accepted electronically on, or before, 12:00 PM, noon EST, Thursday,. All bids will be publicly opened at 2:00 PM EST on Thursday,. Any bid received after 12:00 PM, noon EST, Thursday, will be rejected. Only bids submitted electronically will be considered. 2. SELECTION OR REJECTION OF BIDS: LLIU 13 reserves the right to reject any or all bids and to waive any or all informalities in connection therewith at its discretion. Failure to comply with bid requirements in previous awards is grounds for bid rejection. 3. PREPARATION OF BIDS: Entries on the bid document must be typewritten or printed neatly and legibly in pen. Changes, alterations, or interlineations in the bid are not permitted. Bid figures shall include all charges, including delivery F.O.B. to the destinations called for in these specifications. Bid response documents to be completed, signed and returned electronically in PDF format are listed below. Failure to receive the completed documents on, or before the stated deadline will result in the rejection of the bid response. Form of Proposal Non-Collusion Affidavit [NOTE:NOTARY SEAL MUST BE VISIBLE IN THE ELECTRONIC DOCUMENT ON THE NON-COLLUSION AFFIDAVIT] Bid Response Sheet Piggyback Participation Document Addendum Acknowledgement Form (if applicable) 4. MATERIAL SAFETY DATA SHEETS ( MSDS ): Material safety data sheet ( MSDS ) as required by the U.S. Department of Labor, Occupational Safety & Health Administration, shall be supplied where applicable, and shall be provided with each individual shipment of goods. All label items must be labeled in accordance with PA Code, Title 34, Labor and Industry, Chapter 309, Labeling of Substances. Where specifications described herein exceed state or federal regulations, bidders must comply with written specifications Early Childhood Supplies Catalog Discount Bid 4

5 5. DEFAULT: LLIU 13 may upon written notice of default to the awardee, terminate any contract resulting from this bid request if the awardee fails to perform the services or deliver supplies or commodities as specified in the bid specifications and other bid documents or fails to conform to the general terms and conditions and other requirements set forth in this Bid Packet. Exclusive jurisdiction and venue for any dispute relating to any matters involving the LLIU 13, the participants listed in Section IV of this Bid Packet, and any other participant located in Lancaster County, shall be in the Court of Common Pleas of Lancaster County, Pennsylvania; and any such dispute shall be governed by the laws of the Commonwealth of Pennsylvania, without regard to conflicts-of-law rules. Exclusive jurisdiction and venue for any dispute relating to any matters involving a participant from another County in the Commonwealth of Pennsylvania which the awarded vendor has elected to service per the Piggyback Clause Acceptance Agreement shall be in the Court of Common Pleas, for the county in which the participant is located, in the Commonwealth of Pennsylvania; and any such dispute shall be governed by the laws of the Commonwealth of Pennsylvania, without regard to conflicts-of-law rules. LLIU 13 shall not be joined in any dispute between an awarded vendor and any participant. 6. WITHDRAW OF BIDS: Bidder may withdraw his bid from consideration after the bid opening if the price bid was submitted in good faith and the bidder submits credible evidence that the reason for the price being substantially lower was a clerical mistake as opposed to a judgment mistake, and was actually due to an unintentional and substantial arithmetical error. Notice of such a claim of the right to withdraw such bid must be made in writing to the LLIU 13, 1020 New Holland Avenue, Lancaster, PA 17601, within five (5) business days after the opening of bids. Except as aforesaid, bidders may not withdraw bids, and all bids shall remain valid, for a period of ninety-one (91) days after the date set for the opening thereof. No rights shall accrue to any bidder submitting a bid until such bid has been awarded and until properly executed purchase orders are received. 7. BIDDERS EVIDENCE OF RESPONSIBILITY: A bidder may be required to furnish evidence in writing that such bidder (a) maintains a permanent place of business and (b) has adequate equipment, finances and personnel to furnish satisfactory and expeditiously the items bid and (c) is an authorized dealer which is authorized to provide necessary services and warranties for the items bid. Each bidder shall be prepared, if requested by LLIU 13 or any participant, to provide documentation that the bidder has the experience, qualifications and financial ability to perform any contract awarded or to be awarded to the bidder Early Childhood Supplies Catalog Discount Bid 5

6 No rights shall accrue to any bidder submitting a bid until such bid has been awarded and until properly executed purchase orders are received. The awarded vendor shall not assign the performance of the contract nor any portion thereof to any other person or entity without the prior written consent from LLIU 13, which may be withheld in LLIU 13 s sole discretion. 8. SUBSTITUTION: When the specifications for an item listed in the vendors published catalog indicates a brand name, or a specific manufacturer's catalog reference, the awarded vendor may furnish an item other than that named as an equal only with the express permission of the participant placing the purchase order. In all such instances, the proposed substitution shall be clearly described with the name of the manufacturer, the brand and/or trade name, and any variation from the specifications or standard. Unless a substitution is so indicated and authorized, the awarded vendor shall be required to deliver the item as specified in the catalog. The awarded vendor agrees that in the event a participant has accepted and paid for a shipment of a specified item(s), but shall discover upon opening at a later date that the item(s) does not conform to specifications and or other quality standards as indicated or implied in the published catalog, it shall replace promptly any or all of the quality rejected with products that meet specifications and/or conforms to standards without extra charge to the participant. 9. COMPLIANCE WITH BID REQUIREMENTS: Any inability to comply with the conditions and specifications as outlined must be clearly stated in the bid. Any bid that is incomplete or contains additions, alterations, deletions, or terms and conditions not called for or allowed under the provisions of the bid documents or any other irregularities may be rejected as non-responsive. 10. AWARD CONTRACT: If any bid is accepted (in whole or in part), the contract(s) shall consist of the Invitation to Bid, the specifications applicable to the bid, these General Bid and Contract Requirements, all other sections and forms contained in the Bid Packet along with any revisions, clarifications, error correction notices and explanatory notes issued prior to the bid opening, the Bidder's Proposal, Response Sheet, Piggyback Clause Acceptance Agreement, Non-Collusion Affidavit and Addendum Acknowledgement Form and the participant s standard form of Purchase Order(s), whenever issued during the time period specified on the attached Specification and Bid Sheet. LLIU 13 reserves the right to accept or reject any bid in whole or in part and/or to select one or more items from any bid. In the case of differing or contradictory contract language, the language providing the Early Childhood Supplies Catalog Discount Bid 6

7 greatest benefit to LLIU 13 and its participants shall take precedence. The contract shall be interpreted, construed and given effect in all respects according to the laws of the Commonwealth of Pennsylvania. 11. DELIVERY: Deliveries shall be made at the destination called for within the time indicated on the bid, unless otherwise specified or agreed to by both the awarded vendor and participant. All deliveries shall be made between the hours of 8:00 A.M. and 2:00 P.M., Monday to Friday, inclusive or as individually specified on purchase order. No Saturday or Sunday deliveries will be accepted. Any purchase order issued by a participant will indicate delivery point. All deliveries are to be made within five (5) days after receipt of purchase order by awarded vendor unless otherwise agreed to by both the awarded vendor and participant. 12. BILLING: Invoices shall be sent to the business office of each participant. Purchases for each participant shall be deemed to constitute a separate contract between that participant alone and the awarded vendor. LLIU 13 is merely the administrator of the bid for the participants and neither has nor assumes legal responsibility of any kind for the payment or other performance of each participant s purchase(s). Payment of any invoices from the awarded vendor shall not be due sooner than thirty (30) days after the participant s receipt of the invoice, and no invoices may be issued until delivery of the covered products has occurred. 13. TAXES: School agencies who are participants in this bid are exempt from state sales tax and federal excise taxes. 14. RIGHTS AND REMEDIES: The rights and remedies of LLIU 13 and the participants are not exclusive and are in addition to, and without limitation of, any other rights and remedies provided by law, in equity or under the bid documents, or contract. All applicable laws shall be deemed to be part of the specifications, and the awarded vendor shall be responsible for compliance therewith. 15. PRECEDENCE: In the event of any conflict between these General Bid and Contract Requirements and the Commodity Category Specifications, the Commodity Category Specifications shall take precedence Early Childhood Supplies Catalog Discount Bid 7

8 16. PIGGYBACK CLAUSE: Pursuant to Section 1902 of Act 57 of 1998, as amended, 62 Pa. C.S. 1902, known as the Commonwealth Procurement Code, school districts (and other public procurement units) are permitted to purchase services, supplies, materials, equipment, and other personal property under the terms of a contract entered into by another awarding or sponsoring public procurement unit. This process is commonly known as piggybacking. The LLIU 13, which is the awarding entity under this contract, is willing to make this option available to other public procurement units in addition to the participants listed below for the items and services that are the subject of this bid, provided the bidder indicates its agreement at the time it submits its bid to the LLIU 13. Included in this bid is a Piggyback Clause Acceptance Agreement, a copy of which is attached. All bidders providing a response to this bid shall complete and return this agreement with their proposal, indicating acceptance or rejection of this option. 17. REPORTING The successful vendor(s) shall provide LLIU 13 with a detailed quarterly sales report showing the dollar volume of all sales under this contract for the previous quarter. Reports shall be submitted electronically only to collaborativeservices.org no later than forty-five (45) days after the close of the previous quarter. It will be the vendor s responsibility to collect, compile and forward all sales under this contract from participants. The quarterly report shall include the participant s name, address, date of sale, purchase order number and total sales. 18. ADMINISTRATIVE FEE The vendor shall pay to the LLIU 13 as the awarding/ sponsoring entity, or to the LLIU 13 s designated assignee, an administrative fee in an amount equal to two percent (2%) of all revenues received under any purchase orders or agreements with participants, including any public procurement units participating under the piggybacking option. This 2% administrative fee shall be absorbed by the vendor in their G&A/Profit. This administrative fee is in consideration and recognition of the fact that the vendor would not need to respond to separate RFPs, quotes or bids from participants and piggybacking participants; vendor would not need to invest as much time in securing the award from participants and piggybacking participants; and in consideration of the time and effort expended by the LLIU 13 to enable the cooperative procurement process and piggybacking process to occur. This administrative fee shall be paid quarterly after the receipt of purchase order/agreement revenues. It shall be due and payable no later than forty-five (45) days after the close of the previous quarter. The administrative fee shall be paid by check, which shall be mailed and made payable to Lancaster-Lebanon IU 13 to Lancaster-Lebanon IU 13 Collaborative Services, 1020 New Holland Avenue, Lancaster, PA Early Childhood Supplies Catalog Discount Bid 8 End of Section

9 Early Childhood Supplies Catalog Discount Bid 9

10 SECTION III: COMMODITY CATEGORY SPECIFICATIONS-EARLY CHILDHOOD SUPPLIES 1. The contract term when awarded will be effective starting July 1, 2014 and expiring June 30, 2016, unless renewed according to the provisions of this section. There will be one option to extend the contract for one additional year beyond the expiration date upon mutual agreement of the awarded vendor and LLIU 13, with the same terms, conditions, and price discounts as the original contract. In deciding whether to exercise the option to renew the LLIU 13 will review the awarded vendor s performance during the original contract as well as the contract price discounts, terms and conditions and any decision to renew or not renew will be at the discretion of the LLIU Catalog discount shall be based on deliveries of standard, regularly furnished and delivered supplies as needed throughout the year. Deliveries are to be within five (5) days after receipt of purchase order or, when item is not in stock, delivery shall be the time mutually agreed upon between the awarded vendor and participant. Discounted catalog price shall include delivery cost, F.O.B. to the destination. Sale flyers, when issued, are to be sent to the business office of each participant. Participants purchasing from sale flyers are to be billed the lower of the discounted catalog price or special sale flyer price. 3. Supplies shall be delivered to each of the participants. The successful vendor must be a stocking full line distributor of educational/instructional early childhood equipment, materials and supplies. 4. Current published full line catalog, discount or discount schedule, payment terms, and price lists are to be included with the bid proposal. Award will be made to the lowest responsive and responsible bidder(s) based on a comparison of final costs of the items, or a random sampling of the items, included in a pre-determined representative list of items, as determined by the LLIU 13. This list will not be available to bidders prior to bid opening date. Please state any conditions or exclusions placed upon discount and furnish discount schedule if discounts vary for different categories of items. 5. The bidder or bidders offering the greatest percentage of discount for early childhood supplies and providing prompt and informed service with quick resolution of problems will be favored for award of a contract. Payment terms (60 days preferred, 30 days minimum required) will also be a factor in bid award. More than one bidder may be awarded a contract for this bid. 6. Attached is both a list of participants and estimated, but not guaranteed, annual spending to be purchased from the catalog. Participants reserve the right to purchase or not purchase from the catalog. Please note stated estimates are for annual volumes, although the contract period will extend through two years with a one-year optional renewal Early Childhood Supplies Catalog Discount Bid 10

11 7. Throughout the period covered by this bid, the awarded vendor must provide and distribute current full line catalogs in the stated quantities to each participant. 8. It is to be understood that this bid is designed for routine day-to-day early childhood supply purchases and is not meant to replace or eliminate any annual line item. 9. Participants may express interest in payment by credit or debit cards and electronic funds transfer. Please indicate your company s willingness and ability to accept payment by these methods on the bid response sheet and advise of any additional discount available for payment at or near time of sale. 10. An awarded vendor is required to register as a participating Easy Purchase vendor with eschoolmall, the internet commerce service company ( The LLIU 13 has been informed that eschoolmall will impose certain requirements, which are not dictated by the LLIU 13: A. Catalog Discount Bid: (Defined as a bid containing all or part of a vendor s catalog without specific quantities defined at the line item level.) B. By participating in a Catalog Discount Bid, the vendor agrees to become an eschoolmall vendor and provide their catalog data in the format defined in the eschoolmall Vendor template. Within thirty (30) days of the bid award the vendor will supply all catalog information in the eschoolmall vendor template. Failure to do so may result in the vendor being eliminated from the awarded list. To learn more, you may contact eschoolmall at , select option 3 and a representative will assist you. eschoolmall is contractually obligated to provide a secure, confidential, encrypted, electronic process for participants to transmit orders to vendors electronically through eschoolmall s designated website or print purchase orders for offline submission to vendors. It is the intention of this bid that successful vendors shall, with the assistance of eschoolmall, make their catalogs, with proper prices and discounts, available online at the eschoolmall designated website. C. All transactional data relating to purchases by a participant shall be owned jointly by the participant and eschoolmall and not the vendor. Usage of the data by eschoolmall for transfer or disclosure will only occur with written consent of the participant. Neither the LLIU 13 nor any of the participants will be a party to any bidder s agreements with eschoolmall, and no representations or warranties are made by the LLIU 13 or any of the participants regarding any such agreements or any other requirements of eschoolmall respecting its vendors or bidders hereunder. eschoolmall is a private entity, unrelated to and independent of the LLIU 13 and the Early Childhood Supplies Catalog Discount Bid 11

12 participants. Neither the LLIU 13 nor any of the participants shall be liable or responsible for any actions or omissions of eschoolmall. D. Bidders, by their submission of a bid, agree to conduct legally binding transactions by electronic means, within the meaning of the Electronic Transactions Act, 73 P.S et seq. ( ETA ). Electronic documents and records and electronic signatures shall be the equivalent of written documents and records and written signatures, pursuant to ETA. Neither the LLIU 13 nor any of the participants make any representation or warranty concerning the reliability of security of any communication links, networks, or any data or information transmitted electronically, and neither the LLIU 13 nor any of the participants shall be liable or responsible, in any manner, for any failure, interruption or breach of any communication link, network, or security measure. End of Section Early Childhood Supplies Catalog Discount Bid 12

13 SECTION IV: PARTICIPANTS The following are LLIU 13 participant s administrative offices only. Delivery addresses are as per instructions on each individual participant s purchase orders. The awarded vendor is required to service the following participants pursuant to this bid. 1. Annville-Cleona School District, 520 South White Oak St., Annville, PA 17003, (717) Cocalico School District, South Fourth Street, P.O. Box 800, Denver, PA 17517, (717) Columbia Borough School District, 200 North Fifth Street, Columbia, PA 17512, (717) Conestoga Valley School District, 2110 Horseshoe Road, Lancaster, PA 17601, (717) Cornwall-Lebanon School District, 105 East Evergreen Road, Lebanon, PA 17042, (717) Donegal School District, 1051 Koser Road, Mount Joy, PA 17552, (717) Eastern Lancaster County School District, 669 East Main Street, New Holland, PA 17557, (717) Eastern Lebanon County School District, 180 Elco Drive, Myerstown, PA 17067, (717) Elizabethtown Area School District, 600 East High St., Elizabethtown, PA 17022, (717) Ephrata Area School District, 803 Oak Boulevard, Ephrata, PA , (717) Lampeter-Strasburg School District, 1600 Book Road, PO Box 428, Lampeter, PA 17537, (717) School District of Lancaster, 1020 Lehigh Avenue, Lancaster, PA , (717) Lebanon School District, 1000 South Eighth Street, Lebanon, PA 17042, (717) Manheim Central School District, 71 North Hazel Street, Manheim, PA 17545, (717) Manheim Township School District, PO Box 5134, Lancaster, PA , (717) Northern Lebanon School District, PO Box 100, Fredericksburg, PA 17026, (717) Palmyra Area School District, 1125 Park Drive, Palmyra, PA 17078, (717) Penn Manor School District, PO Box 1001, Millersville, PA 17551, (717) Pequea Valley School District, PO Box 130, Kinzers, PA 17535, (717) Solanco School District, 121 South Hess Street, Quarryville, PA 17566, (717) Warwick School District, 301 West Orange Street, Lititz, PA 17543, (717) Lancaster County Career & Technology Center, PO Box 527, Willow Street, PA 17584, (717) Lebanon County Career & Technology Center, 833 Metro Drive, Lebanon, PA 17042, (717) Lancaster-Lebanon IU 13, 1020 New Holland Avenue, Lancaster, PA 17601, (717) This list does not include participation by additional public procurement units utilizing the piggyback option. End of Section Early Childhood Supplies Catalog Discount Bid 13

14 SECTION V: PARTICIPANTS ESTIMATED ANNUAL SPENDING PARTICIPANT ESTIMATED ANNUAL CATALOGS SPENDING Annville-Cleona SD $0 1 Cocalico SD $13, Columbia SD $ Conestoga Valley SD $20, Cornwall-Lebanon SD $25, Donegal SD $3, Eastern Lancaster County SD $16, Eastern Lebanon County SD $2, Elizabethtown Area SD $2, Ephrata Area SD $1, Lancaster-Lebanon IU 13 $5, Lampeter-Strasburg SD $ School District of Lancaster $5, Lancaster CTC $2, Lebanon SD $25, Lebanon CTC $0 1 Manheim Central SD $2, Manheim Township SD $10, Northern Lebanon SD $2, Palmyra Area SD $25, Penn Manor SD $5, Pequea Valley SD $0 1 Solanco SD $5, Warwick SD $1, Early Childhood Supplies Catalog Discount Bid 14

15 End of Section Early Childhood Supplies Catalog Discount Bid 15

16 SECTION VI: EARLY CHILDHOOD SUPPLIES CATALOG DISCOUNT BID RESPONSE SHEET 1. BIDDER NAME: 2. BIDDER ADDRESS: 3. BIDDER CONTACT: 4. BIDDER CONTACT PHONE AND FAX: 5. BIDDER CONTACT ADDRESS: 6. NAME OF PUBLISHED CATALOG: 7. MAIN CATALOG PERCENTAGE DISCOUNT: 8. ITEMS COVERED BY MAIN CATALOG: 9. ADDITIONAL DISCOUNTS / PRODUCTS: 10. MINIMUM ORDER (if any) REQUIRED FOR DELIVERY: 11. FREIGHT POLICY: 12. PAYMENT TERMS: 13. ADDITIONAL REQUIREMENTS OR EXCEPTIONS: 14. ARE PRICES ADJUSTED ON A PERIODIC BASIS? IF SO, HOW OFTEN? 15. WILL YOU REGISTER AS A PARTICIPATING EASY PURCHASE VENDOR WITH ESCHOOLMALL? Early Childhood Supplies Catalog Discount Bid 16

17 16. WILL YOU ACCEPT PAYMENT VIA ELECTRONIC FUNDS TRANSFER, ACH, CREDIT OR PROCUREMENT CARDS? 17. ADDITIONAL INFORMATION OR COMMENTS: COMPANY NAME: AUTHORIZED SIGNATURE & TITLE: DATE: End of Section Early Childhood Supplies Catalog Discount Bid 17

18 SECTION VII: PIGGYBACK CLAUSE ACCEPTANCE AGREEMENT AUTHORIZATION FOR OTHER PUBLIC PROCUREMENT UNITS TO PURCHASE DIRECTLY FROM VENDOR ACCORDING TO THE TERMS OF THIS CONTRACT THIS FORM MUST BE RETURNED AS PART OF THE BID RESPONSE WHETHER OR NOT THE VENDOR AGREES TO PARTICIPATE IN THE PIGGYBACKING PROVISIONS. If the Vendor indicates its agreement to the piggybacking arrangement, the following conditions will apply: 1. Vendor will have the option to sell services, supplies, materials, and equipment directly to any of the other public procurement units in the Commonwealth of Pennsylvania, in those counties indicated below, that submit purchase orders to the vendor per this bid, and such public procurement units shall have the option to purchase from vendor pursuant to this bid. 2. By this agreement, vendor is required to accept all or any such purchase order requests; provided, however, that vendor may impose reasonable limits on the quantities it is willing to provide to other public procurement units and additional reasonable delivery charges. 3. If vendor agrees to sell items to other public procurement units on a piggybacking arrangement, as evidenced by its acceptance below, vendor agrees that all terms and conditions of its agreement with the LLIU 13 including, but not limited to, specifications, price, and quality will apply to items sold to other public procurement units, and such terms including all guarantees and warranties will extend directly to the additional public procurement unit. Vendor acknowledges that the LLIU 13 will not be a party to any such sales agreements and will not serve as an intermediary or assume any responsibility with respect to such transactions. 4. Payment for items sold to other public procurement units will be the responsibility of such public procurement units and will be made directly to vendor. To this end, the LLIU 13, the vendor, and other public procurement units waive any obligation of those other public procurement units under the application status to make payments directly to the LLIU The decision of the vendor to make its product available to other public procurement units under this piggybacking arrangement shall not alter or affect its obligation of full performance to the LLIU 13 and the participants listed in Section IV: Participants of this bid. 6. Although the LLIU 13 intends, by this provision, to make the piggybacking process available to other public procurement units, subject to the vendor s acceptance as evidenced below, the LLIU 13 makes no representation as to the ability of other public procurement units to purchase directly from the Early Childhood Supplies Catalog Discount Bid 18

19 vendor without separate compliance with any applicable competitive bidding statutes and vendor and all other public procurement units participating in the process assume the responsibility to determine whether such compliance is excused by this provision and any and all applicable laws or regulations. 7. If any other public procurement unit piggybacks this agreement, the vendor shall pay to the LLIU 13 as the awarding/ sponsoring entity, or to the LLIU 13 s designated assignee, the administrative fee set forth in Section II, General Bid and Contract Requirements, Subsection 18, Administrative Fee, on all revenues received under any such piggyback purchase orders or agreements. Vendor Vendor agrees to accept the piggybacking option: (Please Sign) Vendor does not agree to accept the piggybacking option: (Please Sign) Early Childhood Supplies Catalog Discount Bid 19

20 Circle below all Pennsylvania Counties where Piggyback offer will apply: Adams Allegheny Armstrong Beaver Bedford Berks Blair Bradford Bucks Butler Cambria Cameron Carbon Centre Chester Clarion Clearfield Clinton Columbia Crawford Cumberland Dauphin Delaware Elk Erie Fayette Forest Franklin Fulton Greene Huntingdon Indiana Jefferson Juniata Lackawanna Lancaster Lawrence Lebanon Lehigh Luzerne Lycoming McKean Mercer Mifflin Monroe Montgomery Montour Northampton Northumberland Perry Philadelphia Pike Potter Schuylkill Snyder Somerset Sullivan Susquehanna Tioga Union Venango Warren Washington Wayne Westmoreland Wyoming York ALL End of Section Early Childhood Supplies Catalog Discount Bid 20

21 SECTION VIII: FORM OF PROPOSAL FOR (bid category): DATE: TO: LANCASTER-LEBANON INTERMEDIATE UNIT 13 The undersigned bidder warrants that he (she) has read the contents of this Bid Packet and agrees to furnish the items and services at the prices set forth on the attached bid sheets. The undersigned bidder agrees that all purchases by any participant shall be subject to and effected in accordance with the requirements and specifications applicable to this bid. The undersigned bidder has properly completed the following information: If Individual Name and trade name, if any If Partnership Name of Partnership and trade name, if any If Corporation Name of Corporation and transfer name, if any Signature By individual, authorized general partner or authorized corporate officer as applicable Name and title, if any, of person signing Mailing address (street, P.O. BOX) Mailing address (state, zip) Telephone Number (toll free number if any) Fax Number Early Childhood Supplies Catalog Discount Bid 21

22 address for notification of bids Contact person for placing orders and concerns. Contact person s phone number and address End of Section Early Childhood Supplies Catalog Discount Bid 22

23 SECTION IX: LANCASTER LEBANON INTERMEDIATE UNIT 13 NON-COLLUSION AFFIDAVIT Contract / Bid Number: State of: County of I state that I am (title) of (Name of firm) and that I am authorized to make this affidavit on behalf of my firm, and its owners, directors, and officers. I am the person responsible in my firm for the price (s) and the amount of this bid. I state that: (1) The price (s) and amount of this bid have been arrived at independently and without consultation, communication or agreement with any other contractor, bidder or potential bidder. (2) Neither the prices (s) nor the amount of this bid, and neither the approximate price (s) nor approximate amount of this bid, have been disclosed to any other firm or person who is a bidder or potential bidder, and they will not be disclosed before bid opening. (3) No attempt has been made or will be made to induce any firm or person to refrain from bidding on this contract, or to submit a bid higher than this bid, or to submit any intentionally high or noncompetitive bid or other form of complementary bid. (4) The bid of my firm is made in good faith and not pursuant to any agreement or discussion with, or inducement from, any firm or person to submit a complementary or other noncompetitive bid. (5) (Name of my firm), its affiliates, subsidiaries, officers, directors, and employees are not currently under investigation by any governmental agency and have not in the last four years been convicted or found liable for any act prohibited by State or Federal law in any jurisdiction, involving conspiracy or collusion with respect to bidding on any public contract, except as follows: Early Childhood Supplies Catalog Discount Bid 23

24 I state that (Name of firm) understands and acknowledges that the above representations are material and important, and will be relied on by (Name of public entity) in awarding the contract(s) for which this bid is submitted. I understand and my firm understands that any misstatement in this affidavit is and shall be treated as fraudulent concealment from (Name of public entity) of the true facts relating to the submission of bids for this contract. (Name and Company Position) SWORN TO AND SUBSCRIBED BEFORE ME THIS DAY OF, 20 (Notary Public) My Commission Expires End of Section Early Childhood Supplies Catalog Discount Bid 24

25 SECTION X: ADDENDUM ACKNOWLEDGEMENT FORM Indicate below your confirmation of the addendum or addenda received for the Early Childhood Supplies Catalog Discount. This document will become part of the bid package and will need to be submitted with the balance of bid documentation. We hereby confirm receipt of the addendum or addenda indicated below in response to the Early Childhood Supplies Catalog ADDENDUM #1 Date Signature ADDENDUM #2 Date Signature ADDENDUM #3 Date Signature End of Section Early Childhood Supplies Catalog Discount Bid 25