Glossary of Additional Standard Terms and Questions

1) BUSINESS PROFILE
Additional Questions
 

Please provide the name, phone number and e-mail address of the principal person to be contacted in the event Cornell has additional questions with regards to your response.

 

Business Summary
 

Please provide a brief business summary (one page or less) on your company. The summary should include whether you are public or privately held, how many years you have been in business, what your annual sales are, how many full time employees you have, examples of any business you have done with Cornell, your D&B number and your web site address if available.

 

Delivery Date Specified
 

Required delivery date is no later than _______.

 

Delivery/Stocking Level
 

All equipment will be delivered F.O.B. Cornell University at the address as specified on the blanket purchase order. All should be marked for 'inside delivery.' Vendor must agree to stock at least 25% of Cornell's estimated annual usage specifically for Cornell purchases to be shipped immediately upon request. Vendor must guarantee delivery not to exceed one week. If unable to comply, Cornell reserves the right to remove item(s) from the award or cancel the award in its entirety.

 

Delivery/Stocking Level/Primary & Secondary Source Vendors
 

All equipment will be delivered F.O.B. Cornell University at the address as specified on the blanket purchase order. All should be marked for 'inside delivery.' Primary source vendors must agree to stock at least 25% of Cornell's estimated annual usage specifically for Cornell purchases to be shipped immediately upon request AND must guarantee delivery not to exceed one week. In the unlikely event that primary source vendors cannot meet this delivery, Cornell will have the option to source through secondary source vendors.

 

Environmentally Preferable Purchasing
 

Cornell University's pledge of support and participation from all levels of the campus in protecting the environment and building a sustainable future (one in which its environment, natural resource base, and the functions and viability of natural systems is protected) is a challenging yet desirable and attainable goal. The Office for Purchasing Services recognizes the positive impact that it can make on the environment through its purchasing decisions. It is our goal to increase our acquisition of environmentally preferable products and services to the extent feasible, consistent with price, performance, availability and safety considerations. In direct response to this question, vendors should comment on how they are integrating these same principles into their manufacturing processes as well as the goods and services that they are producing. Some examples of the areas in which vendors may wish to provide comments: recyclable content, pre- and post- consumer waste use and content, recycling of used customer products, energy efficiency, biodegradability, hazardous waste minimization, resource conservation, renewable power.

 

Equipment Information Sheet
 

Please complete in full the enclosed Cornell University Equipment Information Sheet.

 

Failure to Meet Reasonable Delivery
 

Cornell reserves the right to purchase from other vendors in the event the awarded vendor cannot supply our requirements in a reasonable period and/or do not have a competitive price with a New York State Contract. Cornell Purchasing will limit, where possible, the purchase of products from other vendors when an awarded vendor is able to supply product of same manufacture, quality, and specifications.

 

Government Orders/PO Assignment
 

For government funded orders, delete the Assignment Clause of Cornell's purchase order terms and conditions and replace it with the following: 'Neither this order, nor any interest therein, shall be assigned by either party without the express written consent of the other party, with the exception of government funded orders that Cornell University's interest may be assigned at any time to an agency of the U.S. Government, or its designee.'

 

Independent Contractor (Review of Status)
 

If your organization is (1) not organized as a corporation under state law, and (2) you will be providing services to Cornell; you may be required to go through a review process to determine if Cornell should classify you as an employee or as an independent contractor. This review will need to be done in consultation with the service recipient and your organization, the service provider. A copy of the 'Request for Independent Contractor Approval' is available at http://www.univco.cornell.edu/forms/policy/ICapp.html. Once you have been notified by the service recipient that Independent Contractor review is required, an approved form must be on file before any services are performed.

 

Independent Contractor
 

In the performance of this work hereunder, vendor ('Contractor' within the terms of this paragraph) shall be an independent contractor and not an employee of Cornell. Contractor is not an agent of, or authorized to transact business, enter into agreements, or otherwise make commitments on behalf of Cornell unless expressly authorized in writing by an office of Cornell. Cornell will not pay or withhold federal, state, or local income tax or other payroll tax of any kind on behalf of Contractor or his employees. Contractor is not eligible for, not entitled to, and shall not participate in any of Cornell's pension, health, or other benefit plans. Contractor is responsible for the payment of all required payroll taxes, whether federal, state, or local in nature, including, but not limited to income taxes, Social Security taxes, Federal Unemployment Compensation taxes, and any other fees, charges, licenses, or payments required by law. Contractor indemnifies Cornell and holds it harmless against any fines, damages, assessments, or attorney fees in the event a court or administrative agency shall find that Contractor is an employee of Cornell.

 

Installation/Date Specified
 

Required installation date is no later than _______.

 

Insurance requirements
  All vendors whose responsibilities may require performing work on Cornell University premises must provide the Office for Purchasing Services with evidence of adequate insurance coverage PRIOR to performance of work or services, and release of the purchase order. The standard minimum insurance coverage levels required are indicated below. In direct response to this question, vendor must state willingness to comply with these specifications and agree to provide a current Certificate of Insurance when requested. When deemed necessary, these coverage levels may be superceded by the inclusion of an additional document specifying alternate required coverage levels.
  1. Statutory Workmen's Compensation Insurance under the laws of the State of New York and any other laws that may be applicable thereto. Coverage "B", Employers Liability, must have limits of at least $100,000.

  2. Comprehensive General Liability Insurance, subject to limits to $1,000,000 each occurrence. Coverage must be provided for Bodily Injury Liability, Broad Form Property Damage Liability, Contractual Liability and Products / Completed Operations coverage. Completed Operations coverage is to be maintained for a minimum period of two years after completion of the Cornell contract.

  3. Automobile Liability Insurance, subject to combined single limit of $1,000,000 each occurrence for Bodily Injury and Property Damage. Such Automobile Liability Insurance shall be for contractor's owned, non-owned and hired vehicles.

  4. Cornell University MUST BE ADDED to the contractor's Comprehensive General Liability Insurance policy as an "ADDITIONAL INSURED" and evidence of such will be provided in all Certificates of Insurance.
All liability policies should be issued on an 'occurrence' basis. A Certificate of Insurance for all policies required must be issued to Cornell University and received by the Office for Purchasing Services prior to any work commencing under any contract subject to these requirements. Vendors must indemnify Cornell University as stated in section "12" of the Purchase Order Terms and Conditions. All Certificates of Insurance will provide for a minimum of 30 days notice to Cornell University prior to cancellation, non-renewal or change in policy terms and/or conditions.
 

Inventory
 

Where is the nearest vendor inventory location from which the items quoted will be shipped? What size is that inventory in dollars? What is the line fill rate for this location? How many lines do you stock at this location?

 

Inventory Price Protection
 

If vendor lowers prices, a credit must be issued to Cornell for equipment purchased into inventory but not yet resold or leased to end-users. Please provide a statement with regards to your policy on inventory price protection.

 

Inventory Product Protection
 

If the technology of the product changes to the point that the product is no longer viable to Cornell's application, Cornell must be able to return products for credit or exchange. Please provide a statement with regards to your policy on inventory product protection.

 

Key Contacts
 

Please provide a sheet detailing vendor key contacts to include their responsibilities, phone number, fax number, address, e-mail address, etc. with regards to support of this agreement. At a minimum this list should include those person(s) responsible for taking orders, expediting orders, outside sales, repair calls, return of goods, and accounts receivable.

 

Order change/cancellation
 

Cornell must be able to change or cancel order releases against this agreement or blanket order any time before shipment without penalty.

 

Ownership
  (a) Cornell shall own all data, information, and other work developed or obtained by vendor ('Contractor' within the terms of this paragraph) pursuant to this agreement.
(b) Cornell shall at all times have access to review the ongoing work of Contractor or purposes of inspecting same and determining that work is being performed in accordance with the terms of this agreement.
(c) Immediately upon termination of this agreement for any reason, all such data, information, and other work, in whatever form, shall be turned over to Cornell.
(d) For purposes of this agreement, any copyrightable work ('Work') developed in the course of performance under this agreement shall be deemed 'work made for hire' under federal copyright law and all ownership rights to such Work belong to Cornell.
(e) Should such Work not constitute a 'work made for hire' under copyright law, Contractor hereby grants, transfers, assigns, and conveys to Cornell and its successors and assigns, the entire right, title, and interest in the Work or any part thereof, including but not limited to the right to reproduce, prepare derivative works, distribute by sale, license or other transfer; to perform publicly, to display and to secure copyrights or patents and renewals, reissues, and extensions of any such copyrights or patents in the United States of America or any foreign country.
(f) Any patentable invention conceived or reduced to practice in the course of performance under this agreement shall be the property of Cornell.
(g) Whether a copyright or patent in the Work will be maintained or registered in the United States of America or any foreign country shall be at the sole discretion of Cornell.
(h) Contractor agrees to cooperate fully with Cornell in the preparation and execution of all documents necessary or incidental to this assignment and the protection and preservation of rights herein granted to Cornell.
 

Processing of orders
 

It is intended that individual purchase orders will be issued to cover order requirements by departments as they arise. Cornell must be able to place orders verbally or by fax, with confirming paperwork to follow.

 

Processing of orders/Blanket Orders
 

It is intended that a blanket order will be issued to cover order requirements. Cornell must be able to release in any way against this blanket order including verbal and fax, without having to send in any confirming paperwork. Releases will be made periodically as required.

 

Procurement Card
 

Cornell University sponsors a VISA procurement card program that allows designated employees to make business-related purchases for specific goods and services of less than $500. Vendors will comply with the following procedures for purchases made with procurement cards:
(a) Vendor will accept VISA as a method of payment.
(b) Each transaction on the card will be supported by an invoice. At no time will the total of one invoice be separated into two or more transactions on the card.
(c) All invoices will be mailed directly to the holder of the VISA card tendered as payment.
(d) It is not necessary to mail an invoice to the cardholder if a detailed packing slip (including item description, item pricing, shipping charges and total price) is included with the goods purchased.

 

Quarterly Reports
 

Participating vendors will be required to supply the following information every quarter:
(a) Total dollar sales net Total dollar sales list price
(b) Total dollar sales per ship-to location
(c) Total dollar sales per product code
(d) Percent of line items shipped from stock from one location
(e) Number of invoices and shipments per purchase order

 

References
 

Please provide three (3) customer references including contact name, phone number, and a brief description of your business relationship with them. These references should be for products and services similar to what is requested herein. If available, include specific Cornell department references also.

 

Resale
 

It is intended that this agreement will allow Cornell to resell these products to Cornell departments as well as any faculty, staff, or students. Sales may cover products intended for educational or personal use. Please provide any restrictions you might have with regards to such resale.

 

Returns
 

Cornell must be able to return items within 30 days if found that the item is not needed or doesn't suit Cornell requirements. If there is a restocking fee associated with this situation, please advise fee.

 

Returns/Inventory Departments
 

Cornell must be able to return items within 30 days if found that the item is not needed or doesn't suit Cornell requirements. If there is a restocking fee associated with this situation, please advise fee.

 

Term and Renewal/24 Months
 

It is Cornell University's intention to enter into a 24 month agreement commencing, or soon thereafter, with an initial period of 12 months, an automatic renewal period of 12 months, and an option to renew for an additional 12 months. Vendor must provide 120 day written notice in advance of the third year if they should decide not to renew the agreement. Cornell University reserves the right to bid these requirements upon expiration.

 

Term and Renewal/Specified Dates
 

This agreement shall be effective from _______ to _______.

 

Third Party Interfaces
 

Provide information concerning partnerships, collaborations and experience with other companies to develop and support Application Programmer Interfaces (API's) to send and receive data. In particular please describe integration with (1) People Soft Financials and (2) PeopleSoft Student Information Systems.

 

Vendor Information Form
 

Cornell University requires vendors to fill out a Vendor Information Form that provides the University with information to maintain the vendor database portion of the Automated Procurement and Payment System used by the University to procure goods and services. If a copy of the 'Vendor Information Form' is attached, Cornell has not previously received a completed form from you, and you are hereby required to complete the form and return it with your response to this RFP or BID. Form is located at http://workflow.dfa.cornell.edu/purchasing/cu_pur_supplier.htm

 

Vendor Responsibility for NYS Funded Orders
 

Any orders being issued based on the following IFB (Invitation for Bid) will be funded by New York State appropriated funds. If a vendor is awarded this IFB, they will need to complete some additional forms and agree to follow NYS laws for procurement. For more information one can review the NYS OGS web site at: http://www.ogs.state.ny.us/aboutOgs/regulations/defaultAdvisoryCouncil.html. The vendor will receive all necessary forms and information from the Purchasing Agent after the bid is awarded. These forms must be returned to the Purchasing Agent prior to the issuance of any orders. If you have any questions concerning NYS procurement rules, please contact the Purchasing Agent listed for this IFB.

 

Business Profile-- Other
 

Provide any other relevant information on the vendor's business or technical experience and capabilities.

2) PRODUCTS AND PRICING
Price Discount or Cost Plus
 

Vendor should quote either a single discount off list or cost plus price formula for all products as specified herein. In direct response to this question, indicate the percentage discount(s) or cost plus being offered. If formula varies by item, indicate formula applied to type of category or manufacturer. Formula may be different (i.e. one formula per manufacturer) or the same across all product categories.

 

Firm Price Increases/Decreases
 

Cornell Net Prices for those items listed on this solicitation must be firm for the initial period of this agreement (12 months). For any 12 month renewal period, vendor will have the right to adjust pricing to reflect any increase in manufacturer's cost, but formula will be the same as quoted herein. Where allowed, requested increases in pricing must be submitted in writing to Purchasing sixty (60) days prior to their effective date and accompanied by justification for the increase. Approved increases will go into effect upon issuance of a written change order signed by the appropriate Purchasing Agent. Decreases must be passed on immediately. Because of the competitive nature of this quote or bid and the supply of products associated with it, it is expected that the vendor being awarded this business will need to monitor competitive pricing on a continual basis and pass along decreases when appropriate.

 

Flexible Price Increases/Decreases
 

Vendor must provide some type of statement with regards to price increase frequency, notification, etc. Preference will be given to prices firm for a specified period of time. Decreases must be passed on immediately. Because of the competitive nature of this quote or bid and the supply of products associated with it, it is expected that the vendor being awarded this business will need to monitor competitive pricing on a continual basis and pass along decreases when appropriate.

 

Pricing Updates
 

Where allowed, changes in pricing will be conveyed to Cornell via written price list. At Cornell's request, participating vendors will be expected to provide updates in pricing via spreadsheet format on computer disks. These pricing updates are to be for only items that Cornell has purchased from the participating vendor. The format required for the computerized updates is outlined on the Item Master/Information Form as provided with this RFP/BID. If you have any other means of price updating, provide them with your proposal.

 

Consumer Price Index (CPI)
 

The aggregate annual price change cannot exceed the annual Consumer Price Index.

 

Price Certification
 

Provide a statement as to how pricing was determined i.e. educational pricing, NYS contract pricing, catalog or standard list prices (catalog or price list must then be provided with items and pricing clearly identified to match original quotation), etc. A detailed explanation is required in order to determine that your price is fair and reasonable. At a minimum, the vendor must certify that the 'prices offered are equal to or lower than those offered to any government agency or private institution for both like items/services and quantities.'

 

Demurrage/Cylinder Rental/Cylinder Leasing Charges
 

Demurrage, rental and/or leasing charges for cylinders or dewars shall, where applicable, be quoted separately. Specify your charges for such.

 

New York State Contract Pricing
 

If bidding on items that are on New York State Contracts, please specify by indicating NYS Contract No. and identifying such items on the solicitation.

 

Prevailing Wage
 

As stated in New York State EXHIBIT A, vendor is required to pay prevailing wage. Questions on rates should be directed to the New York State Department of Labor, Bureau of Public Works at Building 12, State Office Building Campus, Albany, NY 12240 (Phone 518-457-5589).

 

Escrow Account
 

If source code is not included in the purchase of the system, the vendor must continually have placed in escrow for Cornell the most recent version of the source code for all proposed software. In the event the vendor is adjudged bankrupt, or ceases to provide software support, Cornell University shall have full access to the source and object code, all documentation and any modifications made to the software prior to and after the Vendor has been adjudged bankrupt or ceases to provide support. If the Vendor is adjudged bankrupt or ceases to provide support and no other supplier agrees to provide support for the product, then the source code shall become the property of Cornell University in its entirety.

 

Substitutions/Samples
 

For those items where substitutes are allowed and vendor has quoted such, samples may be requested for evaluation.

 

Technical Literature/Specifications
 

Provide the latest technical literature and specifications for each item quoted. In direct answer to this question, list the material provided.

 

Time Is of the Essence/ Damages
 

It is mutually agreed that time is of the essence for the completed supply of these products and/or services. Damages to Cornell University for failure of the vendor to supply the completed products/and or services described in these specifications on or before the completion date of ______________ shall, in addition to any other damages that may be applicable, be assessed FIVE HUNDRED DOLLARS ($500.00) for each day or portion of a day that the product and/or service remains uncompleted. This amount shall not be considered a penalty, but as liquidated damages sustained by reason of the failure of the vendor to supply the completed product or service.

 

Products and Pricing-- Other
 

Provide any other relevant information on vendor products and pricing.

3) SUPPORT PROFILE
Installation/Training
 

Please note if installation and/or training is necessary and what, if any, charges there will be for such.

 

Preferred Supplier Vendor Support
 

Preferred suppliers will be required to organize regularly scheduled meetings with the purchasing agent. Such meetings will include at a minimum:
(a) Background -- general overview of agreement dependent upon contract, commodity and items supplied.
(b) Statistics -- present a report which shows prior period statistics (at least in quarterly segments). These should include dollars, number of items, number of line items, and number of orders.
(c) Delivery performance -- provide delivery performance by segment
(d) Quality -- provide quality performance by segment
(e) Future -- describe what is new and upcoming
(f) Summary -- summarize business together

 

Pre-Sales/Post-Sales Support
 

Vendor will be required to provide on-site pre- and post-sales support to include product review and demonstration, evaluation units, installation and set-up assistance, and training at no additional cost. Please comment on your ability to provide such services and explain any additional services which could be provided.

 

Sales Representative
 

Vendor is to provide Cornell with sales representative(s). Sales representative(s) to be available to assist in product selection, keep appropriate personnel informed of new products, resolve quality and delivery problems, keep Purchasing informed of price movements and market conditions that affect the University, and other services generally considered to be that of a sales representative(s). Please identify your sales representative(s) and list the days the representative(s) will be available on campus.

 

Technical Support
 

Does vendor provide a local or 800 number and/or web site for no charge technical support? What is the number and/or web address? Where are these personnel located? How many people? What are the hours available? What services are available?

 

Support Profile-- Other
 

Provide any other relevant information on vendor support.

4) MANUFACTURER PRODUCT PROFILE
Manufacturer Business Relationship
 

Explain your business relationship with the manufacturer of the items being quoted. (i.e. you are the manufacturer, you are a dealer or distributor, etc.)

 

Manufacturer's Discontinued Items
 

Cornell must be notified in writing immediately of any manufacturer's discontinued items.

 

Manufacturer Length of Time
 

How long have you been selling these manufacturer's items?

 

Manufacturer Product Profile-- Other
 

Provide any other relevant manufacturer product information.

5) ENVIRONMENTAL AND ECOLOGICAL PROFILE
Environmental Policy
 

Please outline what the manufacturer's policy is towards environmental concerns. What practices make your company stand out compared to your competitors?

 

Environmental Packaging
 

It is required that ALL packaging be removed and returned, by the installer, to the manufacturer for reclamation and re-use where possible. Please explain your policy in reference to Environmental packaging re-use, construction of, and reduction practices.

 

Environmental Production Practices
 

Please outline what the manufacturer is doing to address production concerns from an environmental standpoint. For example what alternative power sources are being utilized? How is waste being reduced in the production process? What is the split of recycled versus recyclable and non-recyclable materials for products? Please outline anything that may address this category.

 

Refurbishment / Reuse / Reclaimed Products
 

Cornell University has in existence a variety of products campus wide that are aging rapidly. Please explain how the manufacturer or its representatives can assist with removal and resale, disposal (in an environmentally friendly manner), re-facing or refurbishment of products that will be replaced with new products. Explain how technology can also play a role in this area (ie/ web use to reverse auction items, etc.)

Also explain how each manufacturers products can specifically interface with other manufacturers products where the old products will remain in place next to the new products? System interaction will be an important part of this agreement so specific examples of the systems available and the systems they work with should be given.

 

Environmental Certifications
 

Please explain what awards or certifications the manufacturer has attained due to environmental friendly programs. What special certifications have been awarded to new and existing buildings (ie/ LEEDS Certification, etc.?) What percentage of the corporation (buildings or facilities) meets these certifications and at what level?

 

Environmentally Friendly use of Partnerships
 

What does your company impose on its suppliers to do business with your company?

 

Environmentally Friendly Transportation
 

What has your company done to provide the most efficient and eco-friendly transportation means to its customers?

6) WARRANTY/SERVICE PROFILE
Dead on Arrival, (DOA)
 

Please advise how DOA's are handled. (Product which is defective upon receipt.)

 

Maintenance/service
 

Please provide any maintenance agreement plans/extended warranty plans details and pricing if available.

 

Warranty
 

Provide warranty period and terms of warranty.

 

Warranty Type
 

Is warranty quoted on site, return to vendor or return to manufacturer? If on site, who is providing service? If on site, what is the guaranteed response time? If return to vendor, advise procedure for repair and guaranteed response time if any. If return to manufacturer, advise procedure for repair.

 

Warranty Type/Inventory Departments
 

The manufacturer's warranty must be provided, commencing from date of sale from Cornell's inventory department to end user. Is warranty quoted on your response: on site, return to vendor or return to manufacturer? If on site, who is providing service? If on site, what is the guaranteed response time? If return to vendor, advise procedure for repair and guaranteed response time if any. If return to manufacturer, advise procedure for repair.

 

Warranty/Service Profile-- Other
 

Provide any other relevant information on warranty and/or service.