Contract Award
Date of Award:
July 1, 2014
Contract Number:
14010182
Replaces Contract:
New
Buyer:
Telephone:
E-Mail Address:
Web Address:
Stephanie Stapleton
785-864-3748
[email protected]
http://www.purchasing.ku.edu/
Item:
Office Furniture, Casegoods, Systems Furniture, Task and Guest Chairs, Filing &
Storage
Agency:
Location(s):
The University of Kansas
Lawrence, Kansas
Period of Contract:
July 1, 2014 to June 30, 2015
(with option to renew for four (4) additional one (1) year periods)
Contractors:
Multiple Award – see second page for other vendors
encompas
1512 Grand Blvd.
Kansas City, MO 64108
Contact: Taylor Stucky
Phone: 816-300-1122
Fax: 816-300-1123
[email protected]
PeopleSoft ID: 0000046519
KUPPS ID: 13985583
Primary Lines: Haworth, Hightower, Humanscale
Political Subdivisions:
Pricing is available to all political subdivisions
For quotations and purchases, please contact the representative listed as the contact person for each firm
directly. Please attach all back up documentation (including quotations) to your KUPPS requisition.
The above referenced contract award was recently posted to the University of Kansas website. The
document can be downloaded by going to: http://www.purchasing.ku.edu/
14010182 Contract Award
Page 2
Contractors
BA Designs, LLC
4119 SW Southgate Drive
Topeka, KS 66609
Contact: Lee Kimsey
Phone: 785-267-8100
Fax: 785-266-8116
[email protected]
PeopleSoft ID: 0000016811
KUPPS ID: 14248882
Primary Lines: Teknion, Kimball Office, Sit On
It
Scott Rice Office Works
14720 West 105th Street
Lenexa, KS 66215
Contact: Stacy Roth
Phone: 913-227-7727
Fax: 913-227-7827
[email protected]
PeopleSoft ID: 0000007453
KUPPS ID: 4065078
Primary Lines: Steelcase, Global, Bretford
Contract Furnishings, Inc.
3129 Main Street
Kansas City, MO 64111
Contact: Charles Johnson
Phone: 816-931-0900
Fax: 816-931-6818
[email protected]
PeopleSoft ID: 0000002023
KUPPS ID: 13413381
Primary Lines: Allsteel, Hon, Global
Designed Business Interiors of Topeka, Inc.
107 SW 6th Avenue
Topeka, KS 66603
Contact: Mark Fraser
Phone: 785-233-2078
Fax: 785-233-2255
[email protected]
PeopleSoft ID: 0000016800
KUPPS ID: 13413521
Primary Lines: Herman Miller, Sit On It, Indiana
Furniture
Purchasing Services
Carruth-O’Leary Hall, Rm. 30 | 1246 West Campus Road | Lawrence, KS 66045-7505 | (785)864-3790 | Fax (785)864-3454 | www.ku.edu
Contract# 14010182
General Specs Page 1
General Specifications for the University of Kansas Contract for
Office Furniture, Casegoods, Systems Furniture, Task & Guest Chairs, Filing & Storage
Scope of Services
In general, products under this Contract may include the following: office casegoods, office systems
furniture, office filing systems, storage, task and guest chairs, design services, installation services.
Term
The term of this contract is for one year with four (4) optional one-year renewals.
Process
At any time during the effective contract, KU may notify one or more of the selected vendors that office
furniture, furniture design, and/or furniture installation are needed. KU will provide appropriate
available project information, a desired scope and timeframe for supplying furniture and services, and
supplemental information as available and requested by the vendor/vendors. Based on the information
provided by KU, the notified vendor/vendors shall provide a written proposal for the requested scope of
work along with an itemized breakdown of costs. List price and discounts must be clearly noted. KU
will have the right to accept or reject any proposals. If KU notifies multiple vendors and receives
multiple acceptable proposals, KU has the right to accept whichever proposal(s) KU deems to be in the
best interest of KU based on price, past performance of the vendors, current workloads of the firms,
project schedule, and other contributing factors. If KU accepts a proposal(s), KU will issue a purchase
order for the work. Upon notice to proceed from KU, the vendor shall perform all work required to
complete the requested scope of services within the pricing submitted and timeframe stipulated. If a
vendor consistently fails to be responsive or does not provide the level of service needed, KU will have
the right to discontinue their status as an approved vendor.
KU retains the right to solicit proposals through other KU, state, or consortium contracts available to KU,
or to publicly bid any project, or to use other project delivery methods in the best interest of KU.
All proposals will include all labor, equipment, materials, transportation, supervision, and taxes (as
applicable) to perform the work prescribed on a project by project basis.
KU reserves the right to evaluate performance of the selected vendors(s) and shall have the option to
renew or discontinue the contract with the selected vendor(s) subject to the contract terms and
conditions.
Contract Requirements
Insurance: Each selected vendor shall provide annually, on the renewal date of the contract, a current
certificate of insurance coverage to the designated DCM and KU Procurement Services individuals,
confirming coverage is maintained in compliance with the requirements of the University’s standards.
Strategic Sourcing
Firms will be required to
http://www.dcm.ku.edu/standards.
comply
with
KU’s
strategic
sourcing
guidelines
at
Contract# 14010182
General Specs Page 2
General Specifications for the University of Kansas Contract for
Office Furniture, Casegoods, Systems Furniture, Task & Guest Chairs, Filing & Storage
Audits
Firms will be required to comply with KU’s audit guidelines at http://www.dcm.ku.edu/standards.
Other Campuses
In addition to serving KU’s Lawrence Campus and associated properties, the contract developed as a
result of this RFP will be available for use by other KU campuses including but not limited to the KU
Edwards Campus in Overland Park, Kansas; the University of Kansas Medical Center in Kansas City,
Kansas; the KU School of Medicine in Wichita, Kansas; the KU School of Medicine in Salina, Kansas; and
the Kansas Law Enforcement Training Center in Yoder, Kansas.
Installation, Design Fees and Storage
As per the attached Exhibit A.
Pricing and Incentives
As attached for each vendor and primary line as Exhibit B.
Contract# 14010182
Contract Exhibit A
EXHIBIT A – INSTALLATION, DESIGN FEES and STORAGE
encompas
Design fees as % of furniture cost
Design fee hourly rate
Installation hourly rate
% mark up on equipment
% mark upon subcontractors
Storage fees
None
$55
$40/$71
12.5%
12.5%
Typically no charge/neg.
Accepts Procurement Card; Accepts Payment Plus
Contract #14010182
EXHIBIT B - PRICING AND INCENTIVES
TBD for orders shipping to continental U.S. locations, accessing domestic price list
Product
Group
Systems, Tables and
Healthcare Products
I
Regular Lead
Time
UniGroup NW/WT
PLACES NW/WT and FW,
UniGroup Too
Adaptabe Components
Rush
II
Regular Lead
Time
Rush
III
Regular Lead
Time
Rush
IV
Regular Lead
Time
Rush
V
Regular Lead
Time
Rush
VI
Regular Lead
Time
Rush
VII
Regular Lead
Time
VIII
Regular Lead
Time
IX
Regular Lead
Time
X
Regular Lead
Time
XI
Regular Lead
Time
XII
Regular Lead
Time
XIII
Regular Lead
Time
Seating
Freestanding
Wood Casegoods
& Wood Tables
Flooring/Electrical
Architectural Interiors
PREMISE NW/WT,
Moxie, Components,
Compose
IF, RACE,
X99 , Accolade, Monaco,
System 58, Improv, System12,
Look
List Dollar
Value
KU
Contract Price
Product Only
$1-$100,000
$100,001 or More
US COMM
Customer
Discount
Product Only
71%
Negotiable
$1 or More
$1-$100,000
$100,001 or More
61%
68%
Negotiable
70%
80%
80%
80%
80%
$1 or More
53%
70%
X Series Casegoods, Files & Storage
V Series Casegoods, Files & Storage
$1-$50,000
$50,001 or More
63%
Negotiable
73%
73%
Beside
$1 or More
$1-$50,000
$50,001 or More
57%
60%
Negotiable
65%
68%
68%
$1 or More
$1-$25,000
$25,001 or More
54%
53%
Negotiable
60%
58%
58%
$1 or More
$1-$25,000
$25,001 or More
41%
58%
Negotiable
55%
64%
64%
Patterns
Reside
Composites, Forenze,
Galerie, Hello, Prescott,
Tally, Tuxedo, ToDo
Cassis, Candor
Lively
Tactics, 450 Series,
Tempo, Planes
Compose Wood
Kinetics
Tempo
JumpStuff, BRAZO
Boogie Board, Belong,
Workware
Very Task
$1 or More
$1-$10,000
$10,001 or More
55%
41%
Negotiable
58%
57%
57%
Zody
Very
$1-$25,000
$25,001 or More
55%
Negotiable
61%
61%
$1-$100,000
$100,001-$500,000
$500,001 or More
$1 to $100,000
$100,001 or More
55%
57%
Negotiable
62%
Negotiable
57%
58%
Negotiable
64%
Negotiable
Poltrona Frau
$1 or More
15%
25%
Harbor Work Lounge
European Product
The Haworth Collection
BRAZO, Lim,
Healthcare
$1 or More
50%
52%
$1-$100,000
$100,001 or More
47%
Negotiable
50%
50%
PLACESWood Casegoods Orlando,
Tripoli, York, Vancouver, Masters,
Series K, Orlando LS
Enclose
TecCrete
Powerweb
**Seller offers the above mentioned discounts on products included in this Agreement which are offered in Seller’s RUSH Programs. See the current price list(s) for a description of the products included in these programs.
A.
Only the items stated within each product group may be combined on a single purchase order for purposes of attaining a higher discount tier and/or negotiable discount tier. DIFFERENT PRODUCT GROUPS OR LEAD TIMES MAY NOT be combined together for purposes of attaining the
next pricing tier.
B.
The applicable discount will be separately negotiated for new products or lead time programs introduced by Seller during the term of this Agreement.
EXHIBIT B - PRICING AND INCENTIVES
Contract #14010182
Exhibit B
Pricin
ng Info
ormatio
on
When an
n E&I memb
ber purchasses from Hig
ghTower, th
his allows th
he University
y to:

Avoid
A
Putting the Purch
hase out to
o Bid.

Receive the Following Discounting
D
g off of LIST Pricing:
o $1-$50,000 = 42%
% off of list
o $50,001-$250,000
0 = 43% off of list
o $250,001+ = neg
gotiated

Receive
R
an Extended Warranty of
o 10 Years

Have
H
Pre-Negotiated Shipping:
S
o Shipp
ping Terms: Pricing for the 48 con
ntinental sta
ates is based on a perc
centage off
LIST and
a
can be
e calculated as followss:
 4% of LISTT: "Central E & I Regio
on" and "Gre
eat Lakes E & I Region
n"
 AR
R, IA, KS, LA
A, MN, MO, ND, DE, OK
K, SD, TX, IL, IN, MI, OH,, WI
e FOB: Deliv
vered - Com
mmercial D
Dock.
 Terms are
 A minimu
um shipping
g charge o f $150 is charged on o
orders less than $2000
LIST.
EXHIBIT B - PRICING AND INCENTIVES
Contract #14010182
Exhibit B
Contract Pricing
Ordered Amount from To Product Category Product Line End User Discount $1 $50,000.00 Ergo Tools
Corner Sleeves, CPU Holders, Keyboard, M2, M8, MAR Hardware, Mflex, Paramount
62%
$50,001.00 $150,000.00 Ergo Tools
Corner Sleeves, CPU Holders, Keyboard, M2, M8, MAR Hardware, Mflex, Paramount
63%
$150,001.00 $negotiable
Ergo Tools
Corner Sleeves, CPU Holders, Keyboard, M2, M8, MAR Hardware, Mflex, Paramount
64%
$1.00 $50,000.00 Lighting
Element 790, Element Classic, Element Disc, Element Vision, Horizon
57%
$50,001.00 $100,000.00 Lighting
Element 790, Element Classic, Element Disc, Element Vision, Horizon
59%
$100,001.00 $negotiable
Lighting
Element 790, Element Classic, Element Disc, Element Vision, Horizon
61%
$1 $50,000.00 Rise
Rise
51%
$50,001.00 $100,000.00 Rise
Rise
52%
$1 $50,000.00 Seating
Freedom, Liberty, Smart, World
52%
$50,001.00 $100,000.00 Seating
Freedom, Liberty, Smart, World
54%
$100,001.00 $negotiable
Seating
Freedom, Liberty, Smart, World
56%
$1 $100,000.00 Tables
Float Table, Float Table Top
51%
$100,001.00 $200,000.00 Tables
Float Table, Float Table Top
52%
Contract # 14010182
Exhibit B
EXHIBIT B – PRICING AND INCENTIVES
In addition to the discounting, please note the following concessions:
•
Pricing firm for the first 2 years from full execution based on 06/10/2014 price list.
Afterwards, note a potential price list increase a cumulative of 5%.
•
A signing bonus, in the form of a Haworth product coupon, of $25,000.00 to put toward
a future project.
•
Haworth Net Volume-Based Cash Rebate, payable annually on/around June 30, as
follows:
o $0 - $250,000
0.0%
o $250,001 - $500,000 1.0%
o $500,001 - $1,000,000 1.5%
o $100,001 or more
2.0%
•
Hightower Net Volume-Based Cash Rebate, payable annually on/around December 31,
as follows:
o $1,000,000 or more
2.0%
Contract #14010182
General T&C Page 1
GENERAL TERMS AND CONDITIONS
1.
Contract Documents: In the event of a conflict in terms of language among the documents, the following order of
precedence shall govern:
•
•
•
•
•
Form KU-146a;
written modifications to the executed contract;
written contract signed by the parties;
this request including any and all addenda; and
Contractor's written proposal submitted in response to this Request as finalized.
2.
Modification: This contract shall be modified only by the written agreement of the parties with the approval of
the PNC. No alteration or variation of the terms and conditions of the contract shall be valid unless made in
writing and signed by the parties. Every amendment shall specify the date on which its provisions shall be
effective.
3.
Termination for Cause: The Director of Purchasing and Strategic Sourcing may terminate this contract, or any
part of this contract, for cause under any one of the following circumstances:
•
•
•
the Contractor fails to make delivery of goods or services as specified in this contract; or
the Contractor provides substandard quality and/or workmanship;
the Contractor fails to perform any of the provisions of this contract, or so fails to make progress as to endanger
performance of this contract in accordance with its terms.
The Director of Purchasing and Strategic Sourcing shall provide Contractor with written notice of the conditions
endangering performance. If the Contractor fails to remedy the conditions within ten (10) days from the receipt
of the notice (or such longer period as the University may authorize in writing), the Director of Purchasing and
Strategic Sourcing shall issue the Contractor an order to stop work immediately. Receipt of the notice shall be
presumed to have occurred within three (3) days of the date of the notice.
4.
Termination for Convenience: The Director of Purchasing and Strategic Sourcing may terminate performance of
work under this contract in whole or in part whenever, for any reason, the Director of Purchasing and Strategic
Sourcing shall determine that the termination is in the best interest of the University of Kansas. In the event that
the Director of Purchasing and Strategic Sourcing elects to terminate this contract pursuant to this provision, it
shall provide the Contractor written notice at least 30 days prior to the termination date. The termination shall be
effective as of the date specified in the notice. The Contractor shall continue to perform any part of the work that
may have not been terminated by the notice.
5.
Rights and Remedies: If this contract is terminated, the University, in addition to any other rights provided for
in this contract, may require the Contractor to transfer title and deliver to the University in the manner and to the
extent directed, any completed materials. The University shall be obligated only for those services and materials
rendered and accepted prior to the date of termination.
In the event of termination, the Contractor shall receive payment prorated for that portion of the contract period
services were provided to and/or goods were accepted by University subject to any offset by University for actual
damages including loss of federal matching funds.
The rights and remedies of the University provided for in this contract shall not be exclusive and are in addition
to any other rights and remedies provided by law.
Purchasing Services
1246 West Campus Road , Rm. 30| Lawrence, KS 66045-7505 | (785)864-5800 | Fax (785)864-3454 | www.ku.edu
Contract #14010182
General T&C Page 2
ADDITIONAL TERMS AND CONDITIONS
6.
Price Adjustments: Prices shall remain firm for the entire contract period. Prices quoted shall be net delivered,
including all trade, quantity and cash discounts. Any price reductions available during the contract period shall
be offered to the University of Kansas. Failure to provide available price reductions may result in termination of
the contract.
On the yearly anniversary date of this contract, costs may remain at the price bid or a request for adjustment may
be made, either upward or downward, keyed to industry changes. Contractor shall furnish documentation in
writing at least 30 days prior to expiration date to substantiate any claim for increase. Price increases shall not
exceed five percent (5%) of the existing contract. The University of Kansas reserves the right to accept, amend or
deny any such price increase. If parties to the contract cannot agree on renewal terms, it is hereby understood
that the contract will be re-bid.
7.
Payment: Payment Terms are Net 30 days. Payment date and receipt of order date shall be based upon K.S.A.
75-6403(b). This Statute requires state agencies to pay the full amount due for goods or services on or before the
30th calendar day after the date the agency receives such goods or services or the bill for the goods and services,
whichever is later, unless other provisions for payment are agreed to in writing by the vendor and the state
agency. NOTE: If the 30th calendar day noted above falls on a Saturday, Sunday, or legal holiday, the following
workday will become the required payment date.
Payments shall not be made for costs or items not listed in the vendor's response.
Purchasing Services
1246 West Campus Road , Rm. 30| Lawrence, KS 66045-7505 | (785)864-5800 | Fax (785)864-3454 | www.ku.edu
State of Kansas
University of Kansas
KU-146a (Rev. 05-14)
CONTRACTUAL PROVISIONS ATTACHMENT
1. Controlling Provisions: It is expressly agreed that the terms of each and every provision in this attachment shall prevail and
control over the terms of any other conflicting provision in any other document relating to and a part of the contract in which this
attachment is incorporated. Any terms that conflict or could be interpreted to conflict with this attachment are nullified.
2. Disclaimer Of Liability: No provision of this contract will be given effect that attempts to require the University of Kansas or
any of its affiliates (“University”) to defend, hold harmless, or indemnify any contractor or third party for any acts or omissions. The
terms, conditions, and limitations of liability of the State of Kansas, the University, and their employees are defined under the Kansas
Tort Claims Act (K.S.A. 75-6101 et seq.).
3. Termination Due To Lack Of Funding Appropriation: If, in the judgment of the Director of Accounts and Reports,
Department of Administration, sufficient funds are not appropriated to continue the function performed in this agreement and for the
payment of the charges hereunder, the University may terminate this agreement at the end of its current fiscal year. The University
agrees to give written notice of termination to contractor at least 30 days prior to the end of its current fiscal year, and shall give such
notice for a greater period prior to the end of such fiscal year as may be provided in this contract, except that such notice shall not be
required prior to 90 days before the end of such fiscal year. Contractor shall have the right, at the end of such fiscal year, to take
possession of any equipment provided under the contract for which it has not been paid. The University will pay contractor all regular
contractual payments incurred through the end of such fiscal year, plus contractual charges incidental to the return of any such
equipment. Upon termination of the agreement under this provision, title to any such equipment shall revert to contractor at the end of
the University’s current fiscal year. The termination of the contract pursuant to this paragraph shall not cause any penalty to be
charged to the agency or the contractor.
4. Kansas Law and Venue: All matters arising out of or related to this agreement shall be subject to, governed by, and
construed according to the laws of the State of Kansas, and jurisdiction and venue of any suit arising out of or related to this agreement
shall reside only in courts located in the State of Kansas.
5. Required Non-Discrimination Provision: Contractor agrees to comply with all applicable state and federal antidiscrimination laws. Contractor specifically agrees: (a) to comply with the Kansas Act Against Discrimination (K.S.A. 44-1001 et seq.)
and the Kansas Age Discrimination in Employment Act (K.S.A. 44-1111 et seq.) and the applicable provisions of the Americans With
Disabilities Act (42 U.S.C. 12101 et seq.) (ADA) and to not discriminate against any person because of race, religion, color, sex,
disability, national origin or ancestry, or age in the admission or access to, or treatment or employment in, its programs or activities; (b)
to include in all solicitations or advertisements for employees, the phrase "equal opportunity employer"; (c) to comply with the reporting
requirements set out at K.S.A. 44-1031 and K.S.A. 44-1116; (d) to include those provisions in every subcontract or purchase order so
that they are binding upon such subcontractor or vendor; (e) that a failure to comply with the reporting requirements of (c) above or if
the contractor is found guilty of any violation of such acts by the Kansas Human Rights Commission or if it is determined that the
contractor has violated applicable provisions of ADA, such violation(s) shall constitute a breach of contract and the contract may be
cancelled, terminated or suspended, in whole or in part, by the University. The provisions of this paragraph (except the provisions
relating to the ADA) are not applicable to a contractor who employs fewer than four employees during the term of such contract or
whose contracts with the University cumulatively total $5,000 or less during the fiscal year.
Contractor shall abide by the requirements of 41 CFR §§ 60-1.4(a), 60-300.5(a) and 60-741.5(a). These regulations prohibit
discrimination against qualified individuals based on their status as protected veterans or individuals with disabilities, and
prohibit discrimination against all individuals based on their race, color, religion, sex, or national origin. Moreover, these
regulations require that covered prime contractors and subcontractors take affirmative action to employ and advance
individuals in employment without regard to race, color, religion, sex, national origin, protected veteran status or disability.
6. Acceptance Of Contract: This contract shall not be considered accepted, approved or otherwise effective until the statutorily
required approvals and certifications have been given.
7. Arbitration, Damages, Warranties: Notwithstanding any language to the contrary, no interpretation of this contract shall find
that the University has agreed to binding arbitration, or the payment of damages or penalties. Further, the University does not agree to
pay attorney fees, costs, or late payment charges beyond those available under the Kansas Prompt Payment Act (K.S.A. 75-6403), and
no provision will be given effect that attempts to exclude, modify, disclaim or otherwise attempt to limit any damages or rights of action
available to the University at law, including but not limited to the implied warranties of merchantability and fitness for a particular
purpose.
8. Authority To Contract: By signing this contract, the representative of the contractor thereby represents that such person is
duly authorized by the contractor to execute this contract on behalf of the contractor and that the contractor agrees to be bound by the
provisions thereof.
{L0037689.1 }
9. Responsibility For Taxes: The University shall not be responsible for, nor indemnify a contractor for, any federal, state or
local taxes which may be imposed or levied upon the subject matter of this contract.
10. Insurance: The University shall not be required to purchase any insurance against loss or damage to property or any other
subject matter relating to this contract, nor shall this contract require the University to establish a "self-insurance" fund to protect against
any such loss or damage.
11. Information/Confidentiality: As a state agency, the University’s contracts are generally public records. Accordingly, no
provision of this contract shall restrict the University’s ability to produce this contract in response to a lawful request or from otherwise
complying with the Kansas Open Records Act (K.S.A. 45-215 et seq.). Moreover, no provision of this contract shall be construed as
limiting the Legislative Division of Post Audit from having access to information pursuant to K.S.A. 46-1101 et seq.
12. The Eleventh Amendment: The Eleventh Amendment is an inherent and incumbent protection of the State of Kansas and
need not be reserved, but the University here reiterates that nothing in or related to this contract shall be deemed a waiver of the
Eleventh Amendment.
13. Campaign Contributions / Lobbying: Funds provided through a grant award or contract shall not be given or received in
exchange for the making of a campaign contribution. No part of the funds provided through this contract shall be used to influence or
attempt to influence an officer or employee of any State of Kansas agency or a member of the Legislature regarding any pending
legislation or the awarding, extension, continuation, renewal, amendment or modification of any government contract, grant, loan, or
cooperative agreement.
14. Privacy of Student Records: Contractor understands that the University is subject to FERPA (Family Educational Rights and
Privacy Act, 20 U.S.C. § 1232g) and agrees to handle any student education records it receives pursuant to this Agreement in a
manner that enables the University to be compliant with FERPA and its regulations. Contractor agrees to protect the privacy of student
data and educational records in a commercially reasonable manner and shall not transmit, share, or disclose any data about a student
without the student's written consent, except to other University officials who seek the information within the context of his/her
professionally assigned responsibilities and used within the context of official University business. Contractor shall promptly report to
the University any disclosure of University’s student educational records.
{L0037689.1 }