Procurement Department
Date: January 5, 2018
REQUEST FOR PROPOSAL (RFP)
SARC-0040-18JC
BID DESCRIPTION: Fabricate & Supply of Quartz fixtures with options for installation
BID DEADLINE: January 15th, 2018 5PM
The Seneca Gaming Corporation Procurement Department is requesting bids for the above mentioned goods/service. All communications regarding this bid should be addressed to:
Seneca Gaming Corporation - Procurement Department
Re: SARC-0040-18JC
Attn: John Czepinski
310 Fourth Street
Niagara Falls, NY 14303
RE: Telephone: (716) 501-2160
All questions should be submitted in writing and answers will be distributed to all bidders.
Proposals must be received by the Procurement Department on or before the date stated above by 5:00 pm ET. Proposals received after the deadline will not be considered. SGC recognizes e-mail as a sealed response in relation to this RFP.
I. Project Description
The Seneca Allegany Resort & Casino located in Salamanca NY is renovating its 11th floor hotel room suites. As part of this renovation, new quartz fixtures (door thresholds, splash guards, shower curbs and Jacuzzi tops) have been specified by the designer. We’re looking to award a qualified stone fabricator a purchase order to fabricate and supply the required items. One mock-up room will be constructed initially and we would like a price quoted separately for the installation in this room. A separate quotation for the installations in the remaining 14 rooms will also be required.
II. Product Specifications Quantities and dimensions
The quartz specified for all of the items is Caesarstone (Canada) #4030 Stone Gray ¾” thick. https://www.caesarstone.ca/collections/classico/4030-stone-grey/
The quantities and rough dimensional drawings are outlined on the “Quartz Dimensional, Threshold, Splash & Curb Quantities, and Jacuzzi Tops Quantities” attachments included with this RFP.
The selected contractor will be required to site verify/field measure each item prior to fabrication
III. Schedule of Events
Request for Proposal issued January 5, 2018
Deadline for Questions January 11,2018 12PM
Request for Proposal due January 15, 2018 5PM
IV. Scope of Work
Selected contractor will fabricate all the required items. Contractor to provide installation of the items in the first mock-up room (separate quotation from the fabrication). Contractor to provide an alternate proposal for the installation in the remaining 14 suites.
Installation during normal business hours 8AM -4;30 PM Monday through Friday
V. Vendor Requirements:
Performance: Bidders must have the necessary experience, knowledge, abilities, skills, and resources to satisfactorily perform the terms, conditions and requirements of the RFP. Subcontracting of services is not permitted without advance, express written consent. Goods/services must be provided by the entity submitting proposal.
Insurance: At all times during the Awarded Vendor(s) performance of any resulting Purchase Order, Agreement or Contract, unless otherwise waived by SGC, the Awarded Vendor shall obtain and keep in force insurance coverage of the types, and with the minimum coverage limits, as determined by SGC's Risk Management Department. All insurance must be provided by a licensed company with a minimum AM Best rating designated by SGC's Risk Management department. Awarded Vendor shall provide SGC with a certificate of insurance before commencing work under any purchase order, agreement or contract and SGC shall be named as an additional insured on Awarded Vendor’s General Liability and Automobile Liability policies, if applicable. SGC’s insurance requirements vary according to the nature of the contract and degree of risk, but normally include general liability, automobile liability, and workers’ compensation coverage. In addition, in appropriate cases, SGC may require professional liability/errors & omissions coverage and/or network security/privacy coverage. Awarded Vendor shall not insure the goods on SGC’s account unless the terms of the agreement or contract so require. For any questions regarding insurance, please contact SGC’s Risk Management Department at . Please reference the Request for Proposal (RFP) number and Bid Description. Failure to maintain requisite insurance will entitle SGC to immediately rescind and/or terminate any resultant business relationship and contract with Awarded Vendor.
Failure to maintain requisite insurance will entitle SGC to immediately rescind and/or terminate any resultant business relationship and contract with Awarded Vendor.
Safety Plan In addition to specified insurance requirements that contractors are required to furnish their corporate safety manual AND a site specific safety plan (including job safety analyses, if applicable). Also, upon being awarded the contract the contractor must submit copies of all safety and operator training certifications applicable to the project for each employee who will work onsite.
Vendor Registration/SNI License: Awarded Vendor(s) agrees to submit a completed Vendor Registration Form and designated fees (inclusive of Seneca Nation of Indians Business License) as required by SGC’s regulator, the Seneca Gaming Authority (SGA). It is the Awarded Vendor(s) responsibility to fulfill the requirements, submit information and cooperate with any SGA investigation into its business functions, structures and principals when sales by said Awarded Vendor may reach or exceed Seventy Five Thousand Dollars ($75,000); and to maintain the registration/license through the duration of any purchase order or contract resulting from this RFP. Failure to do so will entitle SGC to immediately rescind and/or terminate any resultant contract or business relationship and may result in the suspension of payments to the Awarded Vendor. A SAMPLE copy of this license application is included with the RFP. DO NOT complete and return this sample application with your proposal
The SGA may also, in an appropriate case, require the licensure of individual employees of the Awarded Vendor who perform certain services that are or may be closely associated with SGC’s casino operation. As SGA retains the discretion to make this type f determination on a case-by-case basis, SGC is unable at the RFP point in the bidding process to state definitively whether such licensure will be required in any particular case.
The awarded bidder must have or obtain a Non Compact license from the SGA before any payments that exceed $75,000 can be paid under this tender. A sample application is included with this RFP.
Seneca Nation of Indians Business License: In addition to SGA licensure, Awarded Vendor(s) with a calendar year spend of over $10,000 are required to obtain a Seneca Nation of Indians (SNI) business license throughout the course of any contract or business dealings with SGC. It is the Awarded Vendor(s) sole responsibility to maintain and renew the SNI business license in accordance with the terms set forth in the “Seneca Nation of Indians Business Code”. The cost of the license is currently $750.00. The Awarded Vendor must submit the application, together with the requisite fee, within 30 days following award of contract, to the following address: Seneca Nation of Indians, Business Permit Office, 12837 Rte. 438, Irving, NY 14081. To obtain the application form, and for any questions, please contact the SNI Business Office at (716) 532-4900, ext. 5033
Tribal Employment Rights Office (TERO): The Seneca Gaming Corporation and its subsidiaries comply with the Seneca Nation of Indians TERO Ordinance which may require a TERO Compliance Plan to be submitted to the TERO Office prior to completing any work on-site. Contact the Seneca Nation of Indians TERO Compliance Office at 716-945-1790 ext. 3046 or 3644 Administrative Dr. Salamanca NY 14779. The intent of the TERO Ordinance is to increase employment for Native American workers and businesses. A copy of the TERO Ordinance may be obtained from the TERO Office. SGC shall not be responsible for providing notice or information to Awarded Vendors concerning TERO matters; rather, it is the Awarded Vendors’ sole responsibility to contact the TERO Compliance Office to ensure compliance, when applicable.
The awarded bidder may be required to file a TERO compliance plan with the TERO office.
Confidentiality: This document contains information (and Bidders may have access to) confidential information of the SGC and/or its affiliate. Bidders are authorized to use this information solely in connection with the preparation of a response to this RFP and fulfillment of any resulting purchase order or contract award. In submitting response(s) to this RFP, Bidder(s) agree and represent that the Bidder(s) will not directly or indirectly use the Confidential Information beyond the scope of the authority granted by SGC or disseminate, disclose or in any way reveal the Confidential Information or any part thereof, except upon the express written approval of SGC. SGC will keep all documents received from Bidders on a confidential basis, save to the extent disclosure is required to comply with requirements of SGC’s corporate Charter, as regards the approval of SGC’s Audit Committee, Board of Directors and Council of the Seneca Nation of Indians, if applicable.
Disclosure of Potential Conflicts of Interest: If Bidder, or any director, officer, employee or owner of Bidder has a business or personal relationship with a director, officer or employee of the Seneca Gaming Corporation (or its affiliates) that may create a conflict of interest, or appearance of impropriety, for or relating to such director, officer or employee in connection with the entry into, or ongoing performance of, the transaction(s) or service(s) contemplated under this RFP, Bidder must disclose such conflict to the Corporation, in writing, to the extent Bidder has knowledge thereof.
Kickback Covenant: SGC will not tolerate Kickbacks in any form. A “Kickback” shall be defined as any cash, fee, commission, credit, gift, gratuity, thing of value or compensation of any kind in exchange for favorable treatment in obtaining or retaining any purchase order or contract servicing SGC. Bidder agrees that its officers or employees have not and will not provide or attempt to provide, either directly or indirectly, any Kickback to any employees of SGC, the Seneca Nation of Indians (the “Nation”) or their respective officers, directors, employees or agents, nor to any citizens of the Nation.
Conditions: Bidders shall question the conditions under which the goods and/or services will be used by SGC to guarantee the goods and/or services will be of sufficient quality and fit for the purposes of the bid specification. To proceed with the supply of goods and/or services shall mean acceptance of site conditions. Failure to comply with this clause shall in no way serve as the basis of any claims by the Bidder against SGC. No allowances will be made for failure to make proper site investigations or to completely understand the full nature of the requirements involved.
Monetary threshold: At no time will the Awarded Vendor’s aggregate fees, billings, requests for reimbursement and/or invoices (collectively, “Billings”) to SGC exceed two million nine hundred ninety-nine thousand nine hundred ninety-nine dollars ($2,999,999) (the “monetary threshold”) unless and until advance written authorization to exceed the monetary threshold is granted by the Council of the Seneca Nation of Indians. SGC will not be liable for Billings which exceed the monetary threshold unless the requisite approval of the Council of the Seneca Nation of Indians has been obtained, Awarded Vendor must notify SGC when aggregate Billings reach the level of two million five hundred thousand dollars ($2,500,000). For this purpose, the term “SGC” includes the Seneca Gaming Corporation and all subsidiaries.
Standard Service Agreement: Awarded Vendor will be expected to sign SGC’s standard services agreement, subject to such changes as are necessary to reflect the terms of this RFP and Awarded Vendor’s bid or proposal, and such further changes as the parties, acting reasonably, may agree.
VI. Bid Information:
A. This RFP does not commit SGC to award a contract, to pay any costs incurred in the preparation of the RFP, nor to procure or contract for services or supplies.
B. Alternate Proposals (if applicable) are accepted based on the following conditions: SGC will consider alternative proposals from Bidders provided they have submitted a response based on the original requirements. The alternative Proposal will be submitted separate and apart from the basic Proposal. It is assumed that the materials included in the alternate Proposal meet all of the qualifications of the original Proposal. Bidders must apply in writing for SGC permission to use substitute materials or methods. In such circumstances, the Bidder must state the return on investment/benefit(s) in increased efficiency, longevity and or monetary value to be derived through use of substitute materials or methods.
C. Proposal- Awarded Vendors should expect that their response to the RFP and any accompanying supporting materials (collectively, the “Proposal”) will be incorporated into any contract signed with Seneca Resorts and Casinos.
D. Tax Exempt Status: Seneca Gaming Corporation is a governmental instrumentality of the Seneca Nation of Indians and will provide a New York State tax exemption certificate issued in the name of the Seneca Nation of Indians, as applicable.
E. Minority Bidders: SGC encourages Bidders to solicit Native American, minority or women-owned businesses and small disadvantaged businesses as potential product suppliers. If your company falls into any of these categories, please note as such on your proposal.
F. Payment Terms: Please provide your most competitive pricing and any additional offers. SGC will compensate Awarded Vendors based on submitted invoices according to payment and cycle dates mutually agreed upon and stated in the contract. SGC standard payment terms are FOB destination, Net 45 days after delivery of goods and/or services and receipt of a correct invoice. Bidder is encouraged to indicate any additional early payment/ discount terms in its Proposal. It is the policy of SGC not to provide deposits unless significant discounts or special circumstances apply.
G. Pricing:
Prices are fixed during the term of the contract.
H. Travel time and expenses: In the absence of specific agreement to the contrary, travel time and travel expenses are not compensable. Where travel expenses are compensable, the following limitations apply: SGC will reimburse Vendor for Vendor’s reasonable travel expenses which are directly related to performance of the services. Travel expenses are reimbursed at cost, and no overhead or administrative charges are allowed. All travel must be approved in advance by SGC and all air travel must be economy class. Mileage charges for Vendor-owned vehicles and other travel-related expenses will be reimbursed in accordance with the CONUS rate applicable to Niagara Falls, New York. SGC may instruct Vendor personnel to stay in SGC’s hotels or in another hotel in close proximity to SGC property and to eat in SGC’s employee dining room. Vendor must provide receipts for expenses other than mileage together with the invoice to which such expenses relate. Where Vendor operates out of multiple regional or national offices, Vendor’s local office closest to Buyer’s property will be deemed the point of departure for travel expenses, i.e., SGC will reimburse travel expenses incurred to and from the Seller’s office located closest to SGC’s property where the work is to be performed, not from any other offices of Vendor.