I.          INTRODUCTION

In the coming decade, the San Mateo Community College District (the “District” or “Lead Agency”) anticipates purchasing approximately $30 million dollars of Academic Application Furniture for the new and renovated facilities on its three campuses.  During this period, the District will continue to face declining operational budgets, as well as dire budget challenges.

In partnership with the Foundation for California Community Colleges (“FCCC”), the District is interested in developing Multiple Award Contracts to provide the District, every California Community College and FCCC members (collectively “Participating Agencies”) with the opportunity to select Academic Application Furniture which meets the Performance & Service Specifications set forth in this Request for Proposals (“RFP”).  As tax-supported agencies, it is imperative that the decisions regarding Academic Application Furniture are well grounded in the reality of such a demanding environment.  This RFP is intended to define the performance and services requirements for Academic Application Furniture in Classrooms, Computer Labs, and other learning environments, in a manner which reduces the outlay of future operational expenditure during the extended life of the products.  The scope of Academic Application Furniture products subject to this RFP are limited to the products described in Performance & Service Specifications Section of this RFP identified as “Product Criteria.”  Other RFPs may be issued by the District or other Participating Agencies for specific furniture applications outside of the Academic environment, such as Administrative, Office, Libraries, Lecture Halls, Food Service areas, etc.

The District and FCCC anticipate awarding three (3) Multiple Awards Academic Application Furniture Contracts pursuant to this RFP to the three (3) responsible Vendors submitting the three (3) highest scoring RFP Proposals responsive to the material terms of this RFP, as further described in the Scoring and Award section of this RFP.  Vendors awarded a Multiple Awards Academic Application Furniture Contract pursuant to this RFP will be required to offer the Academic Application Furniture described herein to the District and all Participating Agencies on the contract pricing, terms and conditions described in this RFP and in the RFP Proposal submitted by the successful Vendors. 

II.         NOTICE OF RFP

Notice is hereby given that the District, in conjunction with the FCCC, are soliciting proposals from manufacturers of Academic Application Furniture for the procurement of Academic Application Furniture, as more particularly described herein.  Vendors awarded a Multiple Awards Academic Application Furniture Contract pursuant to this RFP will be pre-qualified to submit proposals for specific Academic Application Furniture for specific applications.  For each specific application of the Academic Application Furniture subject to this RFP, each Vendor awarded a contract pursuant to this RFP will be committed to the capability, service and product performance standards set forth herein, as well as the pricing structure set forth by the successful Vendors in their respective RFP Proposals.

INSTRUCTIONS FOR COMPLETION/SUBMISSION OF RFP PROPOSALS

1.         General.  Vendors must comply with the provisions of these Instructions for Completion/Submission of RFP Proposals (“RFP Instructions”) of the RFP.  The failure of a Vendor to comply with the RFP Instructions will result in rejection of the Vendor’s RFP Proposal for non-responsiveness.

2.         Vendor Qualifications.  Only RFP Proposals submitted by manufacturers of Academic Application Furniture will be considered.  RFP Proposals submitted by distributors, dealers, re-sellers or any non-manufacturer of Academic Application Furniture will be rejected as being non-responsive to a material bidding requirement.

3.         Submission of RFP Proposal. 

3.1        Submission of Executed “Hard Copy” and Electronic Files of FRP Proposal.  Three copies of the Vendor’s RFP Proposals must be submitted in a sealed envelope and returned to the Department of General Services, San Mateo County Community College District, 3401 CSM Drive, San Mateo, CA 94402 by 2:00 pm on July 18, 2003.  Indicate the following notation on the lower left corner of the envelope: "RFP # 86444 Enclosed".  An electronic submittal of the RFP Proposal is required; however, the submission of electronic file(s) of a Vendor’s RFP Proposal does not replace the foregoing requirement for submission of the Vendor’s signed, hard copy RFP Proposal at or prior to the date/time set forth above.  Send the electronic copy to districtbids@smccd.edu.  Hard copy, executed RFP Proposals submitted after the date/time set forth above will be rejected for non-responsiveness.  Any collateral material should be provided on a CD and not in binders.  Please include only those products in the RFP Proposal which meet or exceed the requirements established in the Performance & Service Specifications section of this RFP.  Each Vendor submitting a RFP Proposal certifies that it agrees to the terms and conditions and specifications as stated herein in their entirety.  A copy of this RFP is available on the District’s web site at http://www.smccd.edu/accounts/purchasing/. 

3.2        Vendor’s Review of District Web Site.  Any addenda, clarifications, RFP updates/revisions, or replies to specific questions will be posted on this site; all such matters shall be deemed incorporated into all Vendors’ RFP Proposals.  Prior to submission of a RFP Proposal, all Vendors MUST review materials on this web site relating to this RFP and must incorporate into their respective RFP Proposals all requirements set forth in this RFP, as the same may be amended by postings on the District’s web site..

3.3        RPR Proposal Contents. RFP Proposals consists of the following, all of which must be submitted concurrently and executed as required by these RFP Instructions or by the form of document:

Completed responses to Performance & Service Specifications

Completed Pricing Proposal

Non-Collusion Affidavit

4.         Bid Security; Performance Bond.  Vendors are not required to submit any form of Bid Security with submission of the RFP Proposal.  The successful Vendors awarded a Multiple Awards Academic Application Furniture Contract may be required to post a Performance Bond in connection with any specific procurement of Academic Application Furniture, if required by the District or a Participating Agency pursuant to the terms of such specific procurements.  If a Performance Bond is required in connection with specific procurements of Academic Application Furniture, the form and content of such Performance Bond shall be as included in this RFP.

5.         Modifications to Submitted RFP Proposals.  A Vendor submitting a RFP Proposal may modify its submitted RFP Proposal by written modification actually received by the District’s Department of General Services at or prior to the latest time/date for submission of RFP Proposals.  Modifications to submitted RFP Proposals which are not in writing will not be accepted and will not be deemed modifications to the submitted RFP Proposal.

6.         Signature. A responsible officer or employee of the Vendor submitting a RFP Proposal must sign the RFP Proposal.  An executed RFP Proposal will be rejected for non-responsiveness.

7.         Non-Collusion Affidavit.  Each Vendor shall submit with its RFP Proposal a duly completed and executed form of Non-Collusion Affidavit; the required form of Non-Collusion Affidavit is included in this RFP.  The failure of a Vendor to submit the completed and executed form of Non-Collusion Affidavit with its RFP Proposal will result in rejection of the RFP Proposal for non-responsiveness.

8.         Evidence of Responsibility. Upon the request of the District, a Vendor whose RFP Proposal is under consideration for the award of a Multiple Awards Academic Application Furniture Contract shall upon request promptly submit to the District satisfactory evidence showing the Vendor financial resources, organization, and plant facilities available for the performance of the contract.  The failure of such a Vendor to submit requested materials in a timely manner will result in rejection of the Vendor’s RFP Proposal for non-responsiveness.

9.         Modifications to RFP.  The Lead Agency reserves the right to modify this RFP or any portion hereof by written addendum issued to all Vendors who have previously obtained this RFP from the Lead Agency.  All addendum issued by the Lead Agency pursuant to the foregoing shall be deemed incorporated into the RFP Proposals.

10.        Vendor Inquiries.  Vendors may request clarifications or make other inquiries concerning this RFP or the requirements hereof.  Questions regarding this RFP should be submitted via email to: districtbids@smccd.edu.  Questions involving any furniture performance or service specifications should be submitted via email to stephanie@dovetaildci.com.  All questions and responses will be provided electronically to all bidders at: http://www.smccd.edu/accounts/purchasing/. 

11.        Scoring of RFP Proposals.  RFP Proposals will be reviewed by the District and FCCC and scored in the manner set forth herein.

1. Section A through F of the Performance & Service Specifications establishes specific performance/service requirements.  Each requirement will be valued at One (1) Point per Requirement.
2. Section G of the Performance & Service Specifications is a No Point Section.
3. Section H of the Performance & Service Specifications defines the Performance Specifications for Product Evaluation and is provided for reference only.
4. Section I of the Performance & Service Specifications will be scored like Sections A through F, with one point given to each category of product application that the Vendor is capable of providing.  Additional points will be given for multiple product styles in each category which are confirmed to meet the Performance Specifications defined in Section H of the Performance & Service Specifications.
5. No additional points will be given for Comments added by the Vendor.
6. A total point score will be compiled and each Vendor submitting a RFP Proposal will be informed of their standing relative to all Vendors within 30 days of bid closing.

12.        Award of Contract.  The District anticipates award of three (3) Multiple Awards Academic Application Furniture Contracts to the three (3) responsible Vendors submitting the three (3) highest scoring responsive RFP Proposals; the District in its sole discretion may award less than or more than three (3) Multiple Awards Academic Application Furniture Contracts.  Award of the Multiple Awards Academic Application Furniture will only be by action of the District’s Board of Trustees or in accordance with authority delegated by action of the District’s Board of Trustees.

Performance & Service Specifications;

Vendor Confirmations of Compliance with Performance & Service Specifications

Listed below are the specific performance and requirements for the Academic Applications Furniture subject to this RFP.  Vendors’ RFP Proposals must include a copy of the following Performance & Service Specifications with the Vendor’s responses to each item noted in the Performance & Service Specifications.  The completed form of the following Performance & Service Specifications must be executed where noted by a responsible and authorized employee or officer of the Vendor submitting the RFP Proposal.  If a Vendor does not provide a response to any portion of the Performance & Service Specifications, the Vendor will, for such portion, be deemed to have provided a “No” response.  Each requirement includes a specific explanation of its value to the District and Participating Agencies, and should be considered imperative to provide.  Please answer Yes if you currently provide this requirement as part of your corporate, service provider or product capability, and No if you do not.  If you intend to offer any of the identified requirements in the future, you should indicate No with an asterisk.  Please note in the comment section when this requirement might become available as part of the agreement.  The comment space is the only location that Vendors are permitted to provide other information relative to the criterion listed above each section.

Criterion/ Category	Item	Requirement	Justification	Meet/ Y or N
-A- Manufacturer/ Factory Requirements	1	Provide Participating Agency ability to modify current academic product designs within reason to accommodate project requirements, without being cost or time prohibitive.	Allows for effective accommodation of Participating Agency requirements; minimizes potential for product replacement within shorter timeframe, reducing operational and capital expenditures for the Participating Agency.
	2	Present to Participating Agency only those products which have been tested to a minimum requirement of 1.5X current BIFMA testing guidelines, or other pre-approved higher educational environment testing protocol, as established by the Participating Agency.	Minimized evaluation confusion; focuses process on specific needs of Academic Applications; minimizes potential for product replacement over time, reducing expenditures for the Participating Agency.
	3	All finishes presented to the Participating Agency are to be non-proprietary to a specific manufacturer, and must be willing to share finish information and access with other manufacturers who are awarded a part of shared projects, at no cost to the District or other manufacturers, to assure design continuity throughout project (i.e.: Laminates, Paint Finishes, Fabrics).	Allows for cohesive design throughout environment, increasing installation effectiveness; minimizes cost to district, leveraging budget dollars; engages manufacturer to produce appropriate products for environment, which maximizes effectiveness of partnership.
	4	All warranties cover both parts and labor at no charge to the Participating Agency. All warranties are to be valid for a minimum of 15 years based on usage at18 hours per day/6day a week environment.  Confirm that warranty coverages will not be pro-rated in any manner..	Reduces district operating costs over the life of product; sets realistic expectations for products within district environment; engages manufacturer to produce appropriate products for environment, which maximizes effectiveness of partnership.
	5	All products will be considered FOB Destination, as directed by the Participating Agency with Vendor managing all freight claims following shipment from factory.  Confirm that Vendor will not invoice Participating Agency for replacement items regardless of future invoice credit potential.	Reduces labor costs for district to manage additional paperwork for details that are outside of their control, saving money.
	6	Manufacturers ideally shall provide various product offerings for use within multiple Academic Environments, including as Classrooms, Learning Labs, Lecture Halls, Seminar Rooms and Libraries/Learning Resource Centers.  Note: This agreement will not be used for Administrative or Specialty Application areas, such as Admissions and Records, or Libraries. Fixed Seating products are not included in the scope of this RFP.	Increases the potential that the district will receive a more effective and cohesive solution, from manufacturing quality to aesthetics.
	7	Provide a minimum of (3) client references for each product recommended, to confirm previous adage in California Higher Education Academic Environment, with an emphasis on Community Colleges. References must be clients that have had each product in use for a minimum of 2 years with a typical usage of 18 hours per day/6 days a week.	Demonstrates Vendor’s. Commitment to and understanding of the higher education environment, which will provide the Participating Agency with more effective solutions; saves the Participating Agency money by not having to “test” a new concept within the district and potentially have to replace it sooner than required product life.
	8	Provide electronic transmittal of all order documentations to Participating Agency including PO acceptance, Acknowledgement issuance, and Invoicing.	Minimizes handling of paperwork and documentation, saving the Participating Agency money; reduces the amount of time needed to get the project moving and completed.
	9	Accommodate Participating Agency requirements for Invoicing format, timing, and other details.	Expedites payment to vendor by reducing potential communication issues.
	10	Confirm that all products/services described in this RFP will be available for purchase by the District and all Participating Agencies upon the terms and conditions set forth in the Multiple Awards Academic Application Furniture Contract.	Confirms “piggyback” nature of Bidder’s Proposal.
			10 Possible Points for this section:
Comments		Provide in 50 words or less any additional information regarding the above topic that you believe is important is important to consider.	(Filled by Vendor)
-B- Manufacturer/ Field Requirements	1	Provide Factory Certified Installation Teams and Warranty Repair personnel for all Participating Agency projects.  Provide documentation of Certification Process.  Accept full responsibility for project delays incurred due to slow installation by installers.	Reduces the potential for costly project delays; insures installation of products in safest manner; reduces potential labor costs for repairs after installation.
	2	Provide local representation (may be in addition to a dealer representative) with a minimum of 2 years of Higher Education Project experience, who will facilitate product specification accuracy, technical specifications for building interface, project scheduling, shipment and warranty issues with Service Provider.	Assures effective communication between factory and district, which can save money for the district during the project and in the future; requires Vendor to produce adequate documentations of technical requirements for other project vendors, reducing potential mistakes or delays.
			2 Possible Points for this section:
Comments		Provide in 50 words or less any additional information regarding the above topic that you believe is important to consider	(Filled by Vendor)
-C- Service/ Presales Specification Planning	1	Using the Product Performance Specifications listed below, recommend only those specific manufacturer’s product solutions that best meet the Participating Agency specifications.	Requirements Service Providers to have intimate knowledge of both Participating Agency needs and manufacturing capability, increasing the probability of effective and appropriate solutions being presented.
	2	Produce field verifications of all spaces to be furnishes, using architectural plans as basis for product layouts (Note: if construction has not been completed prior to specification development, rooms must be verified by service provider in a timely enough manner to assure successful installation of required fit and quantities).	Requires SP to take ownership and responsibility of the finished product, rather than the Participating Agency representative, who will not have the experience in this application; reduces the potential for installation challenges and costly replacement errors.
	3	In addition to the original project layout, provide maximum of two (2) layout revisions (not Options) in specific rooms to confirm spacing (and building interface where needed for power and data).	Requires SP to develop a strong understanding of the project requirements, increasing project effectiveness; reduces additional cost potential stemming from poor communication between parties; requires SP to understand all project requirements up front, rather than learning as they go, saving money.
	4	Develop detailed specifications and quotations with colors, details and product tagging for review and approval by Participating Agency team.  Participating Agency representative will be responsible for the selection of final finishes, fabrics, etc.	Requires SP to take ownership of accuracy and effectiveness of final product solution between manufacturer and district, saving potential expense in revisions or corrections once order is placed.
	5	When deemed appropriate b both parties, based upon scale and content of project, conduct thorough quotation reviews, explicitly defining every detail of the product specification with the Participating Agency representative to confirm understanding of all aspects of the recommended order.  Participating Agency sign-off utilizing Participating Agency provided document required on all projects.	Requires SP to communicate in a manner that fully engages the end user contact in the specifics of the product solution, saving potential expense in revisions; reduces the amount of time the district must spend in communicating the solution details to the end user, saving the Participating Agency money.
	6	Accept complete responsibility for accuracy of quotation and specifications provided to Participating Agency for furniture purchase up to the point of Participating Agency approval of specifications.	One point of responsibility for ease of reconciliation of errors, potentially saving the Participating Agency money.
			6 Possible Points for this section:
Comments		Provide in 50 words or less any additional information regarding the above topic that you believe is important to consider.	(Filled by Vendor)
—D— Service/ Postsales Implementation Planning	1	Determine existing furniture removal/disposal plan and provide all services to coordinate within project schedule.  Participating Agency will provide access to and assist in coordinating resources for disposal, but it is the vendor's responsibility to facilitate and manage all aspects of the requirement.	Reduces Participating Agency time spent on coordination and removal of existing items; focuses entire project on one point of coordination, reducing communication errors; leverages relationship with SP, saving the Participating Agency money.
	2	Generate CADD project documents that illustrate product placement and building interface, and are coded for product type for installation.	Provide single point of reference for all trades, which can be transferred between organizations for utilization, reducing errors; provides district with As Built plans for future use; reduces communication errors, saving the Participating Agency money.
	3	Facilitate all communication between product manufacturer, shipping company and installation team to assure successful timing of project.	Reduces communication errors, saving the Participating Agency money.
	4	Obtain all required permits for furniture installation, at no additional charge to the Participating Agency, with the exception of hard-wire connections if completed by construction team.	Assures smooth installation process from inspector's perspective, saving potentially expensive delays in project.
	5	Assume all financial responsibility for extra handling, storage or other required services if product arrives ahead of identified project schedule. Participating Agency agrees to confirm project schedule and installation timing no later than 4 weeks prior to targeted date to minimize event of delays.	Engages SP in ownership of manufacturer’s performance and project success, reducing costs; sets realistic expectations for communications between SP and Participating Agency, reducing communication costs.
	6	Conduct on-site project scheduling meetings at least twice prior to receipt of product, to assure effective communication between construction team, user groups and sub-contractors who will integrate with product installers.	Engages all parties in project to reduce potential misunderstandings about expectations and requirements from all parties, reducing the potential for costly errors.
	7	Outline all site access requirements to specified Participating Agency contact, and confirm security clearance and requirements 15 days prior to installation.	Defines all requirements of SP to Participating Agency in timely enough manner to implement effectively, assuring compliance and access to site.
	8	Communicate any and all changes to schedule, requirements, or expectations in writing, addressed to Participating Agency contact and copied to purchasing contact. No verbal changes will be allowed or compensated.	Reduces the possibility of verbal commands that could incur expense to Participating Agency.
	9	Confirm manufacturer's product order against specifications, and communicate any revisions in timely manner to assure product accuracy at delivery.	Requires SP to "own" accuracy of specifications, eliminating district expense for replacement or exchange of incorrect products from manufacturer.
	10	Coordinate all products on project order to go directly to end user site, to reduce district expense for handling, damage and delays to schedule.	Reduces costs of double-handling of products; reduces overall project timeline; requires SP to be fully aware of all aspects for project success.
	11	Develop and maintain project schedule in Excel or MS Project format, communication developments and changes as needed. Issue updated versions when requested by Participating Agency Project Manager, or minimum of bi-weekly.	Increases utilization of technology for effective communications between parties.
	12	Provide and review complete set of installation documents, order confirmation and project schedule with Participating Agency Project Manager at least 30 days prior to installation date.	Facilitates district engagement with complete information, reducing potential of errors or misunderstanding of requirements or project scope.
	13	Provide Participating Agency contact with access information for all vendor support members, including cell phone and email addresses. Participating Agency contact will provide Participating Agency contact data as necessary.	Minimizes time required to contact appropriate parties during project process, potentially reducing cost.
			13 Possible Points for this section:
Comments		Provide in 50 words or less any additional information regarding the above topic that you believe is important to consider.	(Filled by Vendor)
—E— Service/ Postsales Implementation Process	1	Conduct pre-installation walk-through with Participating Agency Project Manager immediately prior to installation to determine condition of site and agree to level of site protection required.	Requires SP to take ownership of facility condition before entering for installation, reducing potential delays in assigning responsibility for post-installation repairs that may be required to district property.
	2	Receive, inspect and install all products within scope of project order.  Manage replacements due to shipping damage, inaccurate products or shortages to maintain project schedule as closely as possible.  Provide appropriate temporary furniture to replace missing items if required by project schedule, at no charge to Participating Agency.	Requires SP to provide a complete and functional installation within the scope defined, to reduce district expenses for delays or issues.
	3	Remove all trash from site, and leave work space broom clean, daily. In order to achieve district requirements for waste reduction, agree to minimize the use of wrapping material as much as reasonably feasible, and recycle as much wrapping material as possible.	Increases partnership with local SP in achieving both district and state requirements for waste reduction; reduces Participating Agency cleaning expense.
	4	Have on-site Project Management representation at all times during installation (note: this may be provided by Factory Certified Lead Installer).	Assures prompt resolution of issues during critical project timeframe, reducing costs.
	5	Assist district in resolving any schedule changes affected by Construction Delays not caused by Service provider. Provide written quotations of differential (additional) costs and do not proceed with invoicing against them without written authorization from the Participating Agency.	Maximizes SP partnership in goal of reducing project expense in situations outside of the Participating Agency’s control.
			5 Possible Points for this section:
Comments		Provide in 50 words or less any additional information regarding the above topic that you believe is important to consider.	(Filled by Vendor)
—F— Service/  Post-sales Implementation Follow-up	1	Facilitate on-site installation review and develop project Punch List for Project Manager approval.  Repair or replace all items in question within 15 business days, at no charge to the Participating Agency.	Minimizes user impact of potential issues not caused by user or district.  Eliminates additional cost of manpower for labor or management of Punch List items. Expedites payment of Vendor invoices.
	2	Provide Participating Agency Project Manager and Purchasing Department of the Participating Agency with detailed invoice, in pre-determined format, for approval and payment.	Hastens payment of vendor invoices, reducing future cost to buyers.
	3	Assume all financial responsibility for site damage incurred by installation team. Repair to Participating Agency satisfaction all damage within 10 days of reporting.	Minimizes buyer cost for damage by others, assigns accountability to Sp of responsibility of installation team.
	4	Conduct Post-Installation review with Participating Agency representative, and Purchasing contact to determine effectiveness and areas of improvement for future projects.	Strengthens partnership in Participating Agency’s success with SP, increases their knowledge of issues less obvious relative to the learning environment.
	5	Using district provided format, develop project Standards Book with all specifications, ordering information, color samples and project illustrations for future Purchasing Department use.	Reduces labor to replicate furniture orders in future, contains information in appropriate format for ease of use.
	6	Provide warranty service response within 24 hours of Participating Agency request. Facilitate parts and labor requirements within 10 business days of determination of need. Schedule all services so as not to interfere with activities within space, at no charge to the Participating Agency.	Reduces impact of failures on faculty staff and students, increasing their ability to focus on learning.
			6 Possible Points for this section:
Comments		Provide in 50 words or less any additional information regarding the above topic that you believe is important to consider.	(Filled by Bidder)
—G— Additional Services (note: All services will be quoted on a Per Project basis):	1	Provide Interior Design services for building finishes selections, when required, by Certified IIDA Designer with Academic Project Experience Quote hourly rate in Column.	Allows for fewer project contacts, streamlining information. Assures appropriate design solutions within Higher Ed environment.
	2	Additional space planning revisions (more than defined in A.3). Quote hourly rate for all participants in Column.	Provides for definitive costs should project scope, contacts or needs change.
	3	Provide after-hours installation services (considered after 4:30 pm Monday through Friday, or Saturday or Sunday). Quote differential only in Column.	Allows for pre-determined costs for additional expenses chargeable to project or contractor.
	4	In projects where Prevailing Wage is required for installation, due to funding sources, please indicate differential only for CA Participating Agencies in Column.	In specifically identified projects where state funding requires Prevailing Wage, budgeting can be incorporated into the process readily.
	5	Manufacturer will provide summary report with each final project invoice which details the percentage of recycled materials used in those products provided on said invoices.  Indicate willingness, yes or no, to provide this “recycled content report” in column at right.	Enables agencies to participate in “buy recycled” programs.
			0 Possible Points for this section:
Comments		Provide in 50 words or less any additional information regarding the above topic that you believe is important to consider.	(Filled by Vendor)
—H— Product Criteria	1	Ergonomic Features: All recommended product must be sized for Adult Users within Classrooms/ Labs/ Computer Rooms; Provide lumbar support for long sitting periods; Provide flexible backs to promote comfort over long sitting periods; Adapts to various sized users; Offering includes multiple sizes for selection; material support breathability for comfort in warm conditions.	Will increase learning retention; attraction and satisfaction of older students to campus; reduce disruption in classes due to discomfort; increase more students comfort regardless of size.
	2	Quality: Product must demonstrate the ability to last a minimum of 25 to 30 years, while functioning well within the changing educational environment; Products that are designed specifically for the Higher Ed environment; Ability to look good over life, with normal student Wear and Tear.	Reduce requirement to spend capital resources on furniture over time; continue to attract students, community members and potential outside revenue sources over time.
	3	Durability: Finishes and details designed to take constant impact and student abuse; Provides wiring channels that can be opened and closed constantly without failing over 25 years; Provides Power and Data units at the desktop where applicable, which are designed to meet UL code requirements, and minimize student abuse; all products to be designed where parts can not be readily removed by user without unique tools; Seating surface has no exposed connections, and are attached to the frame well enough to resist separation; Products are field replaceable by either manufacturer or district staff; Withstands movement between rooms or buildings over life.	Reduce requirement to spend capital resources on furniture over time; continue to attract students, community members and potential outside revenue sources over time.
	4	Flexibility: Product offering provides usage in many different applications; Allows for easy changeability within room as well as within campus environment; Product that can adapt easily to changes in Instructional Methodology or Technology requirements; products can be readily refinished (within reason) to accommodate change in aesthetics.	Minimizes variety of styles required to meet more needs of campuses; increases satisfaction of users; helps reduce labor expense in ownership.
	5	Maintenance: Requires no cleaning beyond wiping down; Products are easy to move for cleaning of spaces; Resists student abuse; allows for easy integration of readily available parts once past Warranty coverage.	Reduces operational expenses over life of product; simplifies requirements for keeping products looking well and therefore the environment; reduces requirement to spend capital resources on furniture over time.
—I— Product Criteria		Utilizing Performance Specifications above, name your specific product recommendations for each application	(Blank)
	1	Classroom: Tablet Arm Chair	(Product Offering Name)
	2	Classroom: Standard Chair (Sled or Four Leg)	(Product Offering Name)
	3	Classroom: Five Star Base Chair	(Product Offering Name)
	4	Classroom: Student Desk	(Product Offering Name)
	5	Classroom: Student Tables	(Product Offering Name)
	6	Classroom: Faculty Desk	(Product Offering Name)
	7	Classroom: Storage Cabinet	(Product Offering Name)
	8	Classroom: Faculty Lectern	(Product Offering Name)
	9	Classroom: Student Stools	(Product Offering Name)
	10	Classroom: Faculty Stools	(Product Offering Name)
	11	Classroom: Faculty Stools	(Product Offering Name)
	12	Computer Labs: Stand Alone Tables with Power and Data/Fixed Height	(Product Offering Name)
	13	Computer Labs: Stand Alone Tables with Power and Data/Adjustable Height	(Product Offering Name)
	14	Computer Labs: “Continuous” Tables with Power and Data/Fixed Height	(Product Offering Name)
	15	Computer Labs: Student Chairs, Five Star Base	(Product Offering Name)
	16	Computer Labs: Student Chairs, Sled or Four Leg Base	(Product Offering Name)
	17	Computer Labs: Faculty Workstation	(Product Offering Name)
	18	Computer Labs: Faculty Chairs, Five Star Base	(Product Offering Name)
	19	Computer Labs: Storage and Media Cabinets	(Product Offering Name)
	20	Computer Labs: Universal Table for Physically Challenged Users	(Product Offering Name)
	21	Other Academic Furniture: (list)	(Product Offering Name)
	22	Accessories: (White Boards, Smart Boards, electronic Tools)	(Product Offering Name)
			22 Possible Points for this section:
			TOTAL POINTS SCORED IN SECTIONS A THROUGH I

Pricing Proposal

The Vendor must set forth the discount the Vendor will provide to Participating Agencies for purchases of Academic Application Furniture under a Multiple Awards Academic Application Furniture Contract awarded pursuant to this RFP in the matrix below, based the dollar value of each order.  Prices shall be inclusive of all services and requirements noted in Sections A-F, inclusive, of the Performance & Service Specifications section of this RFP.

List Price Per Order	List Price Per Order	Discount Off Current Published List Prices, Inclusive of all Requirements identified in Sections A through F
1	$1 - $100,000
2	$100,001 - $250,000
3	$250,001 - $500,000
4	$500,001 - $750,000
5	$750,001 - $2,500,000

NON-COLLUSION AFFIDAVIT

STATE OF CALIFORNIA

COUNTY OF ______________________

I, __________________________________, being first duly sworn, deposes and says that I am

                                  (Typed or Printed Name)

the ________________________ of _____________________________________, the party submitting

       (Title)                                                                                        (Vendor Name)

the foregoing RFP Proposal (“the Vendor”).  In connection with the foregoing RFP Proposal, the undersigned declares, states and certifies that:

1.                  The RFP Proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization or corporation.

2.                  The RFP Proposal is genuine and not collusive or sham.

3.                  The Vendor has not directly or indirectly induced or solicited any other Vendor to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any other Vendor or anyone else to put in sham bid, or to refrain from bidding.

4.                  The Vendor has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other Vendor, or to fix any overhead, profit or cost element of the bid price or that of any other Vendor, or to secure any advantage against the public body awarding the contract or of anyone interested in the proposed contract.

5.                  All statements contained in the RFP Proposal and related documents are true.

6.                  The Vendor has not, directly or indirectly, submitted the bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any person, corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.

Executed this ____ day of ___________, 20__ at _________________________________.

(City, County and State)

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

By: _________________________________

Title: ________________________________

PERFORMANCE BOND

KNOW ALL PERSONS BY THESE PRESENTS that we, _____________________, as Principal, and _______________________________as Surety, are held and firmly bound unto ______________________________ hereinafter "the Obligee", in the penal sum of _____________________________________________ Dollars ($__________) in lawful money of the United States, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally.

                                           THE CONDITION OF THIS OBLIGATION IS SUCH THAT:

WHEREAS, the Obligee, by resolution of its Board of Trustees has awarded to the Principal a Contract for the Work described as Academic Application Furniture Procurement.

WHEREAS, the Principal, has entered into an agreement with the Obligee for performance of the Work; the Agreement and all other Contract Documents set forth therein are incorporated herein and made a part hereof by this reference.

WHEREAS, by the terms of the Contract Documents, the Principal is required to furnish a bond ensuring the Principal's prompt, full and faithful performance of the Work of the Contract Documents.

NOW THEREFORE, if the Principal shall promptly, fully and faithfully perform each and all of the obligations and things to be done and performed by the Principal in strict accordance with the terms of the Contract Documents as they may be modified or amended from time to time; and if the Principal shall indemnify and save harmless the Obligee and all of its officers, agents and employees from any and all losses, liability and damages, claims, judgments, liens, costs, and fees of every description, which may be incurred by the Obligee by reason of the failure or default on the part of the Principal in the performance of any or all of the terms or the obligations of the Contract Documents, including all modifications, and amendments, thereto, and any warranties or guarantees required thereunder; then this obligation shall be void; otherwise, it shall be, and remain, in full force and effect.

The Surety, for value received, hereby stipulates and agrees that no change, adjustment of the Contract Time, adjustment of the Contract Price, alterations, deletions, additions, or any other modifications to the terms of the Contract Documents, the Work to be performed thereunder, or to the Specifications or the Drawings shall limit, restrict or otherwise impair Surety's obligations or Obligee's rights hereunder; Surety hereby waives notice from the Obligee of any such changes, adjustments of Contract Time, adjustments of Contract Price, alterations, deletions, additions or other modifications to the Contract Documents, the Work to be performed under the Contract Documents, or the Drawings or the Specifications.

In the event of the Obligee's termination of the Contract due to the Principal's breach or default of the Contract Documents, within twenty (20) days after written notice from the Obligee to the Surety of the Principal's breach or default of the Contract Documents and Obligee's termination of the Contract, the Surety shall notify Obligee in writing of Surety's assumption of obligations hereunder by its election to either remedy the default or breach of the Principal or to take charge of the Work of the Contract Documents and complete the Work at its own expense (“the Notice of Election”); provided, however, that the procedure by which the Surety undertakes to discharge its obligations under this Bond shall be subject to the advance written approval of the Obligee, which approval shall not be unreasonably withheld, limited or restricted.  The insolvency of the Principal or the Principal's mere denial of a failure of performance or default under the Contract Documents shall not by itself, without the Surety's prompt, diligent inquiry and investigation of such denial, be justification for Surety's failure to give the Notice of Election or for its failure to promptly remedy the failure of performance or default of the Principal or to complete the Work. 

In the event the Surety shall fail to issue its Notice of Election to Obligee within the time provided for hereinabove, the Obligee may thereafter cause the cure or remedy of the Principal's failure of performance or default or to complete the Work.  The Principal and the Surety shall be each jointly and severally liable to the Obligee for all damages and costs sustained by the Obligee as a result of the Principal's failure of performance under the Contract Documents or default in its performance of obligations thereunder, including without limitation the costs of cure or completion exceeding the then remaining balance of the Contract Price; provided that the Surety's liability hereunder for the costs of performance, damages and other costs sustained by the Obligee upon the Principal's failure of performance under or default under the Contract Documents shall be limited to the penal sum hereof, which shall be deemed to include the costs or value of any Changes to the Work which increases the Contract Price. 

In the event suit or other proceeding is brought upon this Bond by the Obligee, the Surety shall pay to the Obligee all costs, expenses and fees incurred by the Obligee therewith, including without limitation, attorneys fees.

IN WITNESS WHEREOF, the Principal and Surety have executed this instrument this _____day of __________, 200_ by their duly authorized agent or representative.

(Principal’s Corporate Seal)

By:________________________________________

___________________________________________

                     (Typed or Printed Name)

Title: ___________________________________

______________________________________

(Surety’s Corporate Seal)                                                                                                                 (Surety Name)

By:___________________________________

                                                (Signature of Attorney-in-Fact for Surety)

__________________________________

(Attach Attorney-in-Fact Certificate)                                                                               (Typed or Printed Name)

(           ) ____________________________________

                                (Attorney-In-Fact Telephone Number)

MULTIPLE AWARDS CONTRACT FOR ACADEMIC APPLICATIONS FURNITURE

            This Multiple Awards Contract for Academic Application Furniture (“Agreement”) is entered this ___ day of __________, 2003, by and between San Mateo County Community College District (‘the District”) and Foundation for California Community Colleges (“FCCC”) (the District and FCCC are collectively herein after referred to as “the Lead Agency”) and __________________________ (“Vendor”).

RECITALS

            WHEREAS, the Lead Agency issued a Request for Proposals (“RFP”) in connection with soliciting proposals from manufacturers of Academic Application Furniture to provide Academic Application Furniture to the Lead Agency and to Participating Agencies, as that term is defined herein.

            WHEREAS, in response to the RFP, the Vendor submitted a Proposal to the RFP (“the RFP Proposal”); by this reference, the RFP Proposal is incorporated herein in full.

NOW THEREFORE, for good and valuable consideration, the receipt and adequacy of which is acknowledged by the Lead Agency and the Vendor, the Lead Agency and the Vendor agree as follows:

1.         Procurement of Academic Application Furniture.  The Vendor shall furnish and install Academic Application Furniture described in the Vendor’s RFP Proposal to the Lead Agency and all Participating Agencies.  The Vendor acknowledges and agrees that no specific Academic Application Furniture shall be procured pursuant to this Agreement.  Specific procurements of Academic Application Furniture shall be as set forth in the Purchase Order or other similar instrument issued by the Lead Agency or a Participating Agency to the Vendor.  The Vendor shall provide the Academic Application Furniture identified in a Purchase Order issued by the Lead Agency or a Participating Agency which conforms to the Performance & Service Specifications set forth in the RFP and the pricing structure proposed by the Vendor in its RFP Proposal.

2.         Terms of Specific Academic Application Furniture Procurements.  Specific procurements of the Academic Application Furniture subject to the RFP shall be in accordance with the terms set forth in this Agreement, as may be amended by the Lead Agency or a Participating Agency for a specific procurement of Academic Application Furniture.  Each Purchase Order or similar instrument issued by the Lead Agency or a Participating Agency for a procurement of Academic Application Furniture under this Agreement shall be deemed to have incorporated the terms and conditions set forth in this Agreement, subject only to modifications to these terms and conditions expressly set forth in such Purchase Order or other similar instrument.

3.         Term.  The Term of this Agreement is three (3) years, commencing on the date set forth above in this Agreement and terminating three (3) years thereafter.  The Lead Agency, in its sole discretion, shall have the option to extend the Term for two (2) additional one (1) year Terms (“the Extended Terms”) by written notice to the Vendor not less than three (3) months prior to and not more than six (6) months prior to expiration of the Term or the first Extended Term, as applicable.  If the Lead Agency exercises its option for the Extended Terms, all terms and conditions set forth herein shall be applicable to the Extended Terms, except as expressly modified by written modifications duly executed on behalf of the Lead Agency and the Vendor. 

4,         Payments to Vendor.  Payments to the Vendor for specific procurements of Academic Application Furniture shall be as set forth in the Purchase Order or other similar instrument issued by the Lead Agency or a Participating Agency for a specific procurement of Academic Application Furniture.  All payments made by the Lead Agency or a Participating Agency for a procurement of Academic Application Furniture hereunder shall be inclusive of all taxes, freight FOB destination, transportation costs, and the costs of labor, tools, equipment for delivery, set-up and installation of Academic Application Furniture procured under this Agreement.

4.1.       Rebates to District.  Procurements of Academic Application Furniture by the District shall be subject to a two percent (2%) rebate from the Vendor to the District.  The foregoing notwithstanding, the District may elect to have the two percent (2%) rebated applied as a discount to the purchase price of a specific procurement of Academic Application Furniture.  Rebates due the District shall be paid by the Vendor to the District within thirty (30) days of the District’s issuance of a Purchase Order or other similar instrument for the procurement of Academic Application Furniture. 

4.2        Rebate to FCCC.  Two percent (2%) of the value of each specific procurement of Academic Application Furniture by a Participating Agency shall be rebated by the Vendor to FCCC.  The Vendor shall provide FCCC with monthly electronic statements identifying procurements of Academic Application Furniture by any Participating Agency during the immediately preceding month, along with the value of each such procurement and the amount of rebate due FCCC.  The aggregate rebate amount due FCCC, as reflected in the Vendor’s monthly statements shall be paid by the Vendor to FCCC within thirty (30) days of the date of the Vendor’s monthly statement.

5.   Vendor Funded Scholarships.  To the academic pursuits of students, Vendor agrees to provide (1) $1,000 scholarship per campus of the District and each Participating Agency per $100,000 Net Order of Academic Application Furniture procured under this Agreement during each year of the Term of this Agreement .  For instance, if a college district operates three colleges which have incurred a total of $1,425,000 in Academic Application Furniture procurements with the Vendor in a calendar year, (14) $1,000 scholarships will be provided to that college district.  The District and other Participating Agencies will appropriately acknowledge the Vendor’s contribution of scholarship funds.  The Vendor may offer additional scholarship funding to the District or a Participating Agency, in the discretion of the Vendor.  The Vendor will make its contribution of scholarship funds by February 1 for the value of the procurements in the immediately prior calendar year.

6.         Subcontractors.  Within ten (10) days of the issuance of a Purchase Order or other instrument evidencing the procurement of Academic Application Furniture under this Agreement, the Vendor shall provide the Lead Agency or the Participating Agency issuing such Purchase Order or other instrument with a written list of Subcontractor(s) to the Vendor for completing the Vendor’s obligations under such Purchase Order.  The written list of Subcontractors shall identify each Subcontractor who will provide work, labor or materials valued at one-half of one percent (0.05%) of the total value of the Purchase Order and shall identify the work to be performed by each such Subcontractor and each Subcontractor’s business location.  The Vendor shall not substitute any listed Subcontractor, except upon the express consent of the Lead Agency or Participating Agency, as applicable and in strict conformity with applicable law.

7.      Insurance.  Within ten (10) of the issuance of a Purchase Order or other similar instrument for the procurement of Academic Application Furniture under this Agreement, the Vendor and each Subcontractor identified in its Subcontractors List issued by the Vendor for such Purchase Order deliver to the agency issuing the Purchase Order or other similar instrument, Certificates of Insurance evidencing the insurance coverages in the minimum coverage amounts noted below.  The foregoing notwithstanding, the Lead Agency or a Participating Agency may require additional or different insurance coverages or minimum coverage amounts in connection with any specific procurement of Academic Application Furniture.  In such event, such additional or different insurance requirements shall be noted in the Purchase Order or other instrument evidencing the procurement of Academic Application Furniture and the Vendor shall comply with the same.

7.1              Workers Compensation Insurance.  The Vendor and all Subcontractors to the Vendor for each procurement of Academic Application Furniture shall obtain and maintain Workers Compensation Insurance with coverage amounts under such policies in accordance with applicable law.

7.2              Commercial General Liability Insurance.  The Vendor and all Subcontractors to the Vendor for each procurement of Academic Application Furniture shall obtain and maintain Commercial General Liability Insurance Policies covering: injuries, including accidental death, to persons, damage to property, completed operations and contractual liability.  Minimum coverage amounts under each such Commercial General Liability insurance policy shall be One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) in the aggregate.

7.3              Modifications; Cancellation; Additional Insured.  The Lead Agency and each Participating Agency procuring Academic Application Furniture hereunder shall be additional named insured to the Commercial General Liability insurance policies of the Vendor and its Subcontractors for each specific procurement of Academic Application Furniture.  The Workers Compensation insurance policy and the General Liability insurance policies of the Vendor and each Subcontractor for each specific procurement of Academic Application Furniture shall include provisions that the policy terms will not be materially modified and the policy will not be cancelled or terminated without at least thirty (30) days advance written notice to the Lead Agency or a Participating Agency, as applicable.

8.         Performance Bond.  The Vendor shall, if required the terms of the Purchase Order or other similar instrument, provide the Lead Agency or the Participating Agency with a Performance Bond in connection with a specific procurement of Academic Application Furniture.  If required, the Performance Bond shall be in the form and content included in the RFP and shall be in a penal sum equal to One Hundred Percent (100%) of the value of such Purchase Order or other instrument.  Performance Bonds, if required shall be acceptable only if issued by an Admitted Surety Insurer under California law.

9.         Vendor Indemnification.  To the fullest extent permitted by law, the Vendor shall indemnify, defend and hold harmless the Lead Agency and each Participating Agency and their respective employees, officers, governing boards, agents and representatives from any and all claims, demands, losses, responsibilities or liabilities for: (i) injury or death of Vendor’s employees arising out of this Agreement and any specific Academic Application Furniture procurement; (ii) injury or death of persons, damage to property, or (iii) other costs or charges, directly or indirectly arising out of or attributable, in whole or in part, to the negligent or willful acts, omissions, errors and/or other conduct of Vendor, its Subcontractors or the employees, agents and representatives of Vendor or its Subcontractors in performing or providing any of the obligations, services or other work contemplated under this Agreement and in connection with each specific procurement of Academic Application Furniture hereunder.  The foregoing shall include without limitation, attorneys fees and costs incurred by the Lead Agency or Participating Agency and shall survive the termination of this Agreement or the Vendor’s completion of obligations under a specific Academic Application Furniture procurement, until any such claim, demand, loss, responsibility or liability covered by the provisions hereof is barred by the applicable Statute of Limitations.

10.        Non-Discriminatory Practices. The Lead Agency and Participating Agencies are equal opportunity employers.  Vendor shall at all times during the Term or Extended Terms of this Agreement comply with the equal employment opportunity requirement of executive order 11246, Title VII of the Civil Rights Act 1973, the California Fair Employment Practices Act, the Americans with Disabilities Act, and any other federal or state laws and regulations related to non-discriminatory practices, generally and in connection with employment and employment opportunities..

11.        Governing Law. This Agreement shall be governed by the laws of the State Of California and constitutes the entire contract between the Lead Agency and the Vendor concerning the subject matter hereof.  If a Participating Agency is domiciled in a state other than the state of California, the foregoing notwithstanding, rights and obligations of the Participating Agency and the Vendor relating such a Participating Agency’s procurement of Academic Application Furniture shall be subject to the laws of the state in which the Participating Agency is domiciled.

12         Termination.  The Lead Agency may terminate this Agreement upon thirty (30) days advance written notice to the Vendor if there is a default by the Vendor in its performance of a material obligation hereunder and such default in performance is not caused by the Lead Agency.  Such termination shall be deemed effective the thirtieth (30th) day following the date of the written termination notice, unless during such thirty (30) day period, the Vendor shall commence to cure it default(s) and diligently thereafter prosecute such cure to completion.  In addition to the Lead Agency’s right to terminate this Agreement pursuant to the foregoing, the District may terminate this Agreement upon written notice to Vendor if: (a) Vendor becomes bankrupt or insolvent, which shall include without limitation, a general assignment for the benefit of creditors or the filing by Vendor or a third party of a petition to reorganize debts or for protection under any bankruptcy or similar law or if a trustee or receiver is appointed for Vendor or any of Vendor’s property on account of Vendor’s insolvency; or (b) if vendor disregards applicable laws, codes, ordinances, rules or regulations.  In addition to the foregoing, the Lead Agency or a Participating Agency may terminate a Purchase Order or other instrument for procurement of Academic Application Furniture upon the terms stated in such Purchase Order or other instrument.  If a Purchase Order or other instrument does not include such termination provisions, the Lead Agency or the Participating Agency issuing such a Purchase Order or other instrument shall have the right to terminate the Vendor’s performance under such a Purchase Order or other instrument upon thirty (30) days advance written notice to the Vendor if there is a default by the Vendor in its performance of a material obligation thereunder and such default in performance is not caused by the Lead Agency or Participating Agency, as applicable.  Such termination shall be deemed effective the thirtieth (30th) day following the date of the written termination notice, unless during such thirty (30) day period, the Vendor shall commence to cure it default(s) and diligently thereafter prosecute such cure to completion.

12         Assignment. The successful bidder shall not assign or transfer by operation of law or otherwise any or all of their rights, duties, or obligations under this contract without prior written consent of the district. In the event of any assignment, the contractor shall remain liable to the district as principal for the performance of all obligations under this contract.

13.        Independent Contractors. While engaged in carrying out and complying with the terms and conditions of this Agreement, the Vendor, its Subcontractors and their employees are acting exclusively as independent contractors and not as officers, employees, partners, servants or agents of the Lead Agency or any Participating Agency.

14         Waiver.  No waiver of default by the Lead Agency of any terms, covenants or conditions hereof to be performed, kept, or observed by the contractor shall be construed to be or act as a waiver of any subsequent default of any of the terms, covenants, and conditions herein contained.

15         Participating Agency.  A Participating Agency is any member of FCCC. 

IN WITNESS HEREOF, this Agreement is executed as of the date set forth above.

San Mateo County Community College District

By: ________________________________

Title: _______________________________

Foundation for California Community Colleges

By: ________________________________

Title: _______________________________

Vendor

[VENDOR NAME]

By: ________________________________

Title: _______________________________