Required Supplier Information
A. Communications & Amendments Regarding the RFx
All communications, including any requests for clarification, concerning this Request for
Proposal (“RFP”) or Request for Quote (“RFQ”) (collectively, referred to as “RFx”) must be
submitted via the Q&A section of this RFx within the University of California Public Bid Site.
The University of California (“UC”) will make any changes, additions, or deletions to the RFx in the
form of amendments electronically sent via the UC Public Bid Site. UC will not be responsible for
failure of any prospective Supplier to receive such amendments. All amendments will become part of
the RFx.
It is Supplier’s responsibility to read the entire RFx document, including any attachments, references
and amendments, and to comply with all requirements listed herein.
For instruction on how to bid, refer to the Supplier Bidding Guide under the Prerequisite section of
the UC Public Bid Site.
B. Proposal Submittal and Evaluation
1. This solicitation, the evaluation of proposals, and the award of any resulting contract will be
made in conformance with applicable UC policies and California law. UC reserves the right to
withdraw this RFx at any time. All documents submitted to UC in response to this RFx will become
the exclusive property of UC and will not be returned.
2. Supplier is strongly encouraged to complete and submit its proposal (“Proposal”) in the UC Public
Bid Site well before the RFx’s closing date and time. A late Proposal will not be accepted after the
RFx’s closing date and time.
3. Bids must follow the format specified in the RFx. The submission of a Proposal confirms that it
has been issued and reviewed by an individual authorized to enter into contracts on behalf of
Supplier.
4. Supplier must not provide superfluous materials such as marketing materials or website links in
response to or in lieu of the Questions Section, and may be disqualified for providing superfluous
materials. Supplier may, however, use attachments or website links to respond to Cost Questions
if Cost is directly referenced in the question and such materials respond specifically to the
question without extraneous information.
5. Any contract(s) resulting from this RFx will be awarded to the responsive and responsible Supplier
whose Proposal, in UC’s opinion, offers the greatest benefit to UC. Proposals will be evaluated by
the UC evaluation team using the methodology set forth in the RFx Proposal Instructions.
6. UC may waive irregularities in a Proposal provided that, in UC’s judgment, such action will not
negate fair competition and will permit proper comparative evaluation of proposals. UC’s waiver
of an immaterial deviation or defect will not modify the RFx documents or excuse Supplier from
full compliance with the RFx specifications in the event a contract is awarded to Supplier.
7. UC reserves the right to reject all proposals, make more than one award, or make no award.
Based on the results of this RFx process, UC reserves the right to request one or more separate
proposals for selected items, with a select group of suppliers, including direct manufacturers of
these products. Based on the results of such requests, UC or its locations may enter into
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contracts with other suppliers to provide those products, while remaining UC locations may buy
those products through this RFx. Any contract awarded pursuant to this RFx will incorporate the
RFx requirements and specifications, as well the contents of the Proposal as accepted by UC, and
will be in writing.
8. Supplier must operate within the guidelines of all federal, state, and local labor laws and codes.
Supplier must possess all trade, professional or business licenses as may be required by the work
contemplated by this RFx.
9. Supplier will bear all costs incurred in the preparation and submission of the Proposal and related
documentation, including Supplier’s presentations to UC. If Supplier is the apparent awardee,
Supplier will bear its own costs in negotiating and finalizing an agreement with UC.
10. Several UC campuses have enabled e-commerce using hosted catalogs and punchouts. Supplier
may be asked to comply with campus e-commerce requirements on a campus by campus basis,
but must adhere to UC system-wide policy for consistency in catalog loading and pricing.
11. UC may visit Supplier’s site to verify that Supplier will meet the RFx specifications set forth in the
Statement of Work (“RFx Specifications”). Additionally, in assessing Supplier’s ability to perform,
UC may consider factors including but not limited to Supplier’s financial resources, past
performance with UC, references from other customers, experience, organization, personnel,
technical skills, operational controls, equipment, and quality control.
C. California Public Records Act
All proposals, supporting materials and related documentation are subject to the California Public
Records Act. Marking a document “confidential” or “proprietary” may not prevent its release.
D. Insurance Requirements
If awarded a contract, Supplier must name UC as an additional insured and furnish a certificate of
insurance acceptable to UC as outlined in the Terms and Conditions set forth in the RFx.
E. Errors & Omissions
Supplier should immediately notify UC of any apparent discrepancy, error, omission, ambiguity or lack
of clarity in this RFx, any attachments, references and amendments. Supplier will not be entitled to
compensation for any error or discrepancy that appears in this RFx.
F. Federal and State Water and Air Pollution Laws
UC will not contract with entities in violation of Federal or State water or air pollution laws. To
determine if the State of California has a record that Supplier is in violation of California pollution laws,
Supplier may contact the California Air Resources Board and California Water Resources Control Board.
Supplier must disclose on an addendum to its Proposal any open violations of water or air pollution
laws, along with Supplier’s action plans to remedy the violations.
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G. Collusion among Suppliers
Collusion among Suppliers is not allowed. If there is proof of collusion among Suppliers, UC will reject
all proposals involved in the collusive action.
H. Exclusions
Supplier is advised that some goods and/or services may be subject to pre-existing agreements with
other Suppliers, or may be outside the scope of this RFx and may not be included in any awarded
contract or may be included on a limited basis.
I. Disqualification
UC may disqualify any Supplier that does not adhere to the provisions in this Required Supplier
Information.
J. Multiple Proposals
Supplier may not submit or be interested in more than one proposal for the same RFx; provided,
however, that a person or firm that submitted a sub-proposal to a Supplier or who has quoted prices
for goods and/or services to a Supplier is not thereby disqualified from submitting a sub-proposal
quoting prices to other Suppliers.
K. Specifications and Exceptions
1. Unless documented as an Exception, the submission of a Proposal will confirm Supplier’s
acceptance of all RFx Specifications. In documenting an Exception to the RFx Specifications,
Supplier must provide a detailed itemization and explanation for each deviation from the RFx
Specifications, clearly describing any alternate goods and/or services that could be provided to
satisfy those requirements. Supplier should list any items it wishes to exclude from its standard
catalog. Absence of an itemization and explanation will mean that Supplier is willing and able to
meet all RFx Specifications. If Supplier does not document an Exception regarding the RFx
Specifications and it is found that goods and/or services delivered do not meet the RFx
Specifications, Supplier will be required to correct same at Supplier’s expense.
2. Unless documented as an Exception, Supplier’s submission of a Proposal confirms acceptance of
UC’s Prerequisites and Contract Documents. In documenting an Exception to the Prerequisites or
Contract Documents, Supplier must itemize in detail any exceptions taken to the Prerequisites or
Contract Documents and provide alternative language or provisions for UC to review. UC will not
consider the submission of Supplier’s terms and conditions to be documentation of an Exception.
UC reserves the right to modify the Prerequisites and Contract Documents as it deems necessary
either before or during any negotiations with Supplier until mutual agreement is achieved.
3. Supplier is cautioned that if UC does not approve Supplier’s request for Exception to the RFx
Specifications and/or Prerequisites and Contract Documents, and Supplier does not withdraw the
request, the Proposal may be deemed non-responsive and ineligible for contract award.
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L. Complaints and Protests
Controversies over the solicitation or award of a contract are covered by University of California
Policy BUS-43, which is posted online. The policy requests that a party with a complaint regarding the
solicitation or award of a contract first attempt to resolve the complaint with the University
contracting officer involved in the transaction.
If the complaint cannot be resolved informally, the complainant may file a formal written protest with
the University contracting officer, who will escalate this protest to the proper
authority. Complainants should use the phrase “Formal Bid Protest” in the communication’s subject
line to indicate the intent to escalate the complaint. Under UC policy, formal written protests must
be filed promptly (and in any event within two calendar weeks after the complainant knows or should
have known the facts giving rise to the protest).
M. Offshoring of Services
Supplier must do one of the following in its bid:
1. Certify under penalty of perjury that the services will be performed solely with workers within the
United States, including any services that Supplier would provide using a subsupplier; or
2. Describe in its bid any parts of the services that will be performed by workers outside of the
United States.
Additionally, UC will not, as a part of the contract that will displace UC employees, pay to train
workers located in foreign countries or who plan to relocate to a foreign country. Please note that a
condition of awarding a contract will be that Supplier agree to the warranties in Article 6(I) of UC’s
Terms & Conditions of Purchase.
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