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HomeMy WebLinkAbout7/11/2012 - STAFF REPORTS - 2.S. ?ALM Spy iy c V N k k k C n'A PPOiPR cA`'F°RN�P City Council Staff Report DATE: July 11, 2012 CONSENTAGENDA SUBJECT: AWARD THE PURCHASE OF NEW SELF CONTAINED BREATHING APPARATUS FROM ALLSTAR FIRE EQUIPMENT. FROM: David Ready, City Manager BY: Palm Springs Fire Department SUMMARY It is recommended that the City Council authorize the purchase of 36 new Scott brand Self Contained Breathing Apparatus and associated equipment for the Fire Department utilizing $201,431.00 in U.S. Department of Homeland Security Grant funding. RECOMMENDATION: 1) Find the bid from Fisher Scientific in response to IFB 12-12 for 36 new Scott brand Self Contained Breathing Apparatus and associated equipment to be Non-Responsive and award the bid to Allstar Fire Equipment Inc. in the amount of $218,853.11. Authorize the Fire Department to acquire up to an additional 14 new breathing apparatus and associated equipment per the guaranteed Unit Prices from Allstar valid through December 31, 2014. 2) Authorize the City Manager to execute all necessary documents, including the purchase orders. STAFF ANALYSIS: The Fire Department submitted a FY2011 Assistance to Firefighters Grant application to the Department of Homeland Security to purchase 36 new Self Contained Breathing Apparatus (SCBA) units. The current fire department SCBA inventory have an average of 27 years of service and are not compliant with NFPA 1981 (2007) standards. This SCBA inventory does not protect our firefighters against Chemical, Biological, Radioactive, Explosive (CBRNE) type exposures and do not have appropriate "quick connect' universal air connections or integrated PASS components. �1111ia- City Council Staff Report July 11, 2012-- Page 2 Award purchase of Self Contained Breathing Apparatus This was a very competitive grant process as numerous cities and agencies throughout the country submitted projects for consideration. The approved costs for this project total $223,812.00. The Federal share is 90% or $201,431.00 of the approved amount and the City of Palm Springs share of the costs is 10% or $22,381.00. On February 15, 2012 the City Council accepted this grant and authorized the Procurement Division to conduct the formal bid process and for the City Manager to execute all necessary documents, including the Purchase Order. IFB 12-12 was posted and distributed on 5/29. We would also point out that Allstar Fire Equipment, the second lowest bidder, asked for clarification of certain aspects of the bid. The City responded to Allstar with copies to all other prospective bidders, including Fisher Scientific, reaffirming the basic requirements of IFB 12-12. (See Addendum No. 3.) The City received 3 bids by the 6/27 deadline. The apparent low bidder was Fisher Scientific in the amount of $212,761.02. However, the bid from Fisher Scientific did not comply with the Terms and Conditions of holding the unit pricing through December 31, 2014 and instead struck the City's terms and submitted their own "one time purchase only" terms. (See Fischer Scientific Bid Pricing Sheet). In addition, Fisher Scientific declined to provide the Unit Pricing as required on the Carbon Fiber Cylinders and instead provided only a "special one-time" lump sum offer. Staff, in consultation with the City Attorney, found the bid from Fisher Scientific to be Non-Responsive as it did not comply with the terms and conditions of the bid and failed to provide the Fire Department the guaranteed pricing for the additional units that they need to acquire in their next two budget cycles to completely convert their full SCBA inventory. Allstar Fire Equipment, the second low bidder in the amount of $218,853.11 submitted a bid that was both Responsive and Responsible. [See Allstar Bid Pricing Sheet]. The third bid received was from MES Fire Inc. in the amount of $236,970.60. None of the vendors are local and pursuant to the requirements of using Federal funds, the Local Preference Ordinance is not allowed. Upon receiving notification that its bid was found non-responsive for the reasons stated above, Fisher Scientific submitted a formal Protest letter (copy attached) pursuant to 7.08.030 of the Municipal Code. Fisher Scientific claims that the City has a "misunderstanding of the terms of the Fisher bid . . .." There would not have been a misunderstanding if Fisher Scientific had complied with the requirements of IFB 12-12. Bidders may not amend the City's terms or clarify, re- state, or attempt to explain their intentions after the opening of bids. Fisher Scientific's bid, as submitted, expressly struck out certain City's terms and conditions and did not provide the unit pricing as required. There is no misunderstanding in the interpretation of the bid submitted, but rather the bid simply was non-responsive to the City's requirements. Staff recommends that Council uphold the initial finding and determine that the bid from Fisher Scientific is Non-Responsive and award the bid to Allstar Fire Equipment. City Council Staff Report July 11, 2012 -- Page 3 Award purchase of Self Contained Breathing Apparatus FISCAL IMPACT: The City of Palm Springs shared cost is 10% or $21,885.31 (Account 001-3520-53055) and the Federal shared cost is 90% or $196,967.80 (Account 261-3600-53055) of the approved amount. coo/Ventura-, Fire Chiieef0 David H. Ready, nager Craig L. ad er , Procurement Manager Attachments: • Bid Pricing Sheet from Fisher Scientific • Bid Pricing Sheet from Allstar Fire Equipment • Bid Protest Letter from Fisher Scientific • Addendum #3 ID P ICING SHEET Bidders shall enter the name of the Manufacturer and the Make and M dell of ea h Item bid. All products must be NEW and unused. Trade-In- Allowance to be applicable regardless of inventory age or condition. 1 of Trade, Allowance. I N p < '"� Basis of Award shall be the Total Bid Amount, inclusive P O L r1-I iAio 2 o c a 4Trt4GC Sot( �p Q� Cox Pt/CSCI$ Item Item Description L I r l C t No. Base U7. Trade-In ess Net Unit #of Units Extended Total Cost(base Cost llowanceprice less er unit Trade In) 1. Scott brand (ONLY) AP75 National Fire Protection Association (NFPA) 1981, 2007 edition "Standard on Open-Circuit Self-Contained Breathing Apparatus (SCBA) for Emergency Services", and the 7j q��,3 2 `C j.DD Sal D , 3 31 i t ,NFPA 1982, 2007 edition for "Personal Alert Safety Systems I (PASS)", with EBSS, integrated PASS devices includina Mask x 36 Mounted Regulators and including electronic HUD. Manufacturer: ro tT HFAttlibS14Ft'+Y MakelModel#: P 21 D L 2. Carbon Fiber Cylinders-45 minute, 4500 psi Manufacturer: 6 -rr k114L7H & ;AFFff yr Make/Model#: ROk�z2-DI mil` x 72 PFGIgL D^�F - TIME Fry Compete Scott AV300 SCBA face pieces (size of masks will be determined at fit testing) Manufacturer: StorT (--PA -rye L SgFF7y (g3, � x 36 Make/Model#: $D - -- 4. Additional Mask Mounted Regulators Meeting NFPA 1981,1982 2007 Compliance Manufacturer: _$cmtT (-W4071 b S KerY t 2. .&o x 14 11lQ, Zd Make/Model#: 76 Do77 -1 o 5. SUBTOTAL: 6. Sales Tax (tax rate for Palm Springs, CA is 8.75%) Q S toy 2'3 ITT/l($.-7o — 8. Shipping Cost © Q(� 9, TOTAL BID AMOUNT: x 1 LOT 2121�6(,o Name of Company Submitting this Bid, FkSkrk, $0t` I11 IC (ofyP,907 G.L-C, Authorized Name and Signature of Bidder:(printed name): Mltvt ge$l�dN (Signature)_,G Page 19 IFB Bidders shall enter the name of the Manufacturer and the Make a d2M dh ell of ID P ea SHEET bid. All products must be NEW and unused. Trade-In- AllOwance to be applicable regardless of inventory age or condition. Pricing provided on this Bid shall be valid through December 31,2014 and the City of Palm Springs reserves the right to purchase additional equipment as may be required. Basis of Award shall be the Total Bid Amount, inclusive of Trade-In-Allowance. Item Item Description Base Unit Price Less No. Net Unit #of Units Extended Total Tradedn Cost(base Cost Allowance price less Per unit Trade/n) 1. Scott brand (ONLY) AP75 National Fire Protection Association (NFPA) 1981, 2007 edition "Standard on Open-Circuit Self-Contained Breathing Apparatus (SCBA) for Emergency Services", and the NFPA 1982, 2007 edition for 'Personal Alert Safety Systems 3,909.35 225.00 3,684.35 (PASS)", with EBSS, integrated PASS devices including Mask x 36 Mounted Regulators and including electronic HUD. 132,636.60 Manufacturer: SCOTT SAFETY Make/Model M AP2140204200202 2. Carbon Fiber Cylinders—45 minute, 4500 psi Manufacturer: SCOTT SAFETY Make/Model#: aoa722-ot 823.05 100.00 723.05 x 72 52,059.60 3. Complete Scott AV300 SCBA face pieces (size of masks will be determined at fit testing) Manufacturer: SCOTTSAFETY 183.35 x 36 6,600.60 MakellVlOdel#: 805773-8X AV3000 4. Additional Mask Mounted Regulators Meeting NFPA 1981,1982 & 2007 Compliance Manufacturer: SCOTT SAFETY MakelModel#: 200077-15 LESS HOSE ASSY 622.60 x 14 8,716.40 5. SUBTOTAL: 6. Sales Tax (tax rate for Palm Springs, CA is 8.75%) 200,013.20 18,839.91 7. Training for three(3)in house repair technicians 8. Shipping Cost: Not Applicable x 1 LOT Included x 1 LOT 0.00 9. TOTAL BID AMOUNT: 218,853.11 Name of Company Submitting this Bid: ALLSTAR FIRE EQUIPMENT Authorized Name and Signature of Bidder:(printed name):_JOHN PR N PI MEY R al Rep (Sig ture} Page 19 i i Plsher sel®nMe Julys,2012 City of Palm Springs Procurement&Contracting Manager City of Palm Springs,CA Attention: Craig Gladders Subject: Invitation For Bids(IFB 12-12),Provide Scott Brand Self Contained Breathing Apparatus(SCBA) Reference: Page 19, IFB 12-12 Bid Pricing Sheet Dear Mr.Gladders We are writing in connection with the decision by the City to deem the proposal submitted by Fisher Scientific Company L.L.C. ("Fisher") in respect of the above project as non-responsive (the"Fisher Bid"). We understand that this decision has been taken by the City on the basis of the amendments made by Fisher to the referenced Bid Pricing Sheet, and in particular the fact that Fisher indicated that its pricing was being made on a"one time purchase"basis, and removed the reference on the Bid Pricing Sheet to prices being valid through 31"December 2014. We believe that the City's decision in this case has been taken on the basis of a misunderstanding of the terms of the Fisher Bid and we accordingly wish to lodge a protest pursuant to the Palm Springs Municipal Code, Chapter 7.08 (Procedures for Bid Corrections, Objections and Appeals), Subchapter 7.08.030(Bid protest). On the basis of discussions with the City in respect of this project,our understanding was that the City was interested in receiving a pricing proposal for (i) the specific volume of products identified in the Bid Pricing Sheet, and (ii) additional units that the City may choose to purchase over and above these specific volumes. In order to give the City pricing information for these scenarios, the following approach was taken in the Fisher Bid: • Fisher obtained special discounted pricing from the product manufacturers for the specific volumes of products shown on the Bid Pricing Sheet. These prices are the prices shown in our response and we referred to them as "one time purchase" prices. To avoid any misunderstanding, these prices are valid for the City's purchases of these products up to the Part of Thm Fisher Smrdlfic 3001ndwry On" Pittsburyh,PA 720 511@B13 wxw.11sharaeleN mm 152T5 Fisher SgienBflc volumes indicated in the Bid Pricing Sheet(irrespective of whether placed in a single order, or multiple orders during the grant period). • In respect of additional volumes of product (in excess of the volumes shown in the Bid Pricing Sheet), we wanted to make it clear that Fisher would guarantee the City a 37% discount from the manufacturer's list price on these items going forward. Whilst we appreciate that the above may not have been as described as clearly as possible, we hope that this has clarified our approach and confirmed that the prices submitted were compliant with the City's requirements. For clarity, we have set out below the summary of our pricing: Bid Price Sheet Line Item Net Price($) #Units Total Cost($) Item I—Scott SCBA 3,810.32 36 137,171.52 Scott Health&Safety #AP214204200202 Item 2—Cylinders,45 min 542.93 72 39,091.00 Scott Health&Safety #804722-01 Item 3—Scott AV300 SCBA face piece 183.35 36 6,600.60 Scott Health&Safety #805773-82 Item 4 — Additional Mask Mounted 912.80 14 12,779.20 Regulators,Scott Scott Health&Safety #200077-19 SUB-TOTAL: 195,642.32 Sales Tax 17,118.70.. Shipping Cost 0.00 TOTAL: 212,761.02 We again apologize for any difficulties caused by the presentation of our proposal. Our intention was to provide the City with the information that it required in respect of the current volumes of items,as well as for the additional items which we believe the City to be considering. We believe that our proposal represents the best value for the City, and hope that the City will take this into consideration when determining whether to include our submission in its considerations. Pan at Thermo Fisher Sdstaft 3W IadUsVy Ddvc PlSeburyh,PA ]24-51)-2813 yj 15 5 QDI: her seleistme I look forward to hearing from you and should you require additional information or have any questions, please contact the undersigned at 724-517-2913, mobile 412427-7509, or via email at fim.roLrers@thermofisher.com Best Regards, Jim Roge Director, Government Contracts Customer Channels Group Thermo Fisher Scientific Office:724-517-2913 Mobile: 412427-7509 Pan of Thermo Fisher SelenWic WO fnduaey Dore PinbuTh.PA 724517-2913 s»rxAft1w1ba :z? 15275 4AL�A INVITATION FOR BIDS (IFB 12-12) SCOTT BRAND SELF CONTAINED BREATHING APPARATUS ADDENDUM NO. 3 This Addendum is being issued for the following changes and informational items: THE FOLLOWING REVISIONS AND/OR ADDITIONS TO THE SPECIFICATIONS AND INSTRUCTIONS ARE TO BE INCLUDED IN THE ORIGINAL DRAWINGS AND SPECIFICATIONS. THIS ADDENDUM SHALL TAKE PRECEDENCE OVER ANYTHING CONTRARY ON THE PREVIOUSLY ISSUED SPECIFICATIONS AND INSTRUCTIONS AND SHALL BE REFERRED TO HEREINAFTER AS PART OF THE CONTRACT DOCUMENTS. The City has received the following questions and is hereby providing answers thereto: RESPONSES TO QUESTIONS RECEIVED TO DATE: Q 1: There is a problem with the request to hold the prices firm through December 31, 2014. The NFPA standards cycle will require a new standard by mid 2013. The last standard was printed in 2007. The NFPA is currently proposing several changes to the 2013 fire department specification for breathing apparatus. While we and Scott are not sure what those final changes will be, it is certain that some changes will be made and the prices will increase accordingly. In addition all SCBA manufacturers have regular annual price increases and these have varied between 3 to 5% on average. It would be impossible to predict with any kind of accuracy what the changes will be and what they would cost. I think we could offer a price that would be firm through June 30, 2013 but any longer would probably be either unfair to the city or unfair to the supplier. In other large bids we have done recently the option for a price increase based on the manufacturers printed price sheet has been listed in a price escalation clause. The price increase would be with approval from the city at the time. This might be a way to make the contract valid through 2014 and allow us to offer the best possible price to your city. A 1: The Palm Springs Fire Department currently has an inventory of 50 SCOTT SCBA units in service that are scheduled to be replaced. The invitation for bids (IFB 12-12) is to purchase 36 new SCOTT AP-75 SCBA units, 72 new carbon fiber 45 minute 4500 psi bottles, 36 SCOTT AV300 face pieces and 14 mask mounted regulators that must be compliant with the 2007 edition of NFPA 1981 and 1982 through 2011 Assistance to Firefighter's Grant funding. To complete the inventory change out and standardize the department's SCBA inventory it is necessary for the Palm Springs Fire Department to secure pricing as per the RFP bid to purchase 14 additional AP-75 SCBA units and carbon fiber cylinders utilizing three budget cycles. Pricing provided on bids to be valid through December 31, 2014. 1 BY ORDER OF THE CITY OF PALM SPRINGS, CALIFORNIA Craig L. Gladders, CPM Procurement& Contracting Manager DATE: June 18, 2012 ADDENDUM ACKNOWLEDGMENT: Proposer Firm Name: fLSlrti SGiF�TI�iC CmnnR�( L.LC r Authorized Signatur. : i� � Date: Acknowledgment of Receipt of Addendum 3 is required by signing and including the acknowledgment with your submittal. Failure to acknowledge this Addendum may result in your submittal being deemed non-responsive. 2 2.S. FIND THE BID FROM FISHER SAFETY IN RESPONSE TO IFB 12-12 FOR SCOTT BRAND SELF CONTAINED BREATHING APPARATUS NON-RESPONSIVE AND AWARD THE BID TO ALLSTAR FIRE EQUIPMENT INC. IN THE AMOUNT OF $218,853.11: RECOMMENDATION: Find the bid from Fisher Safety in response to IFB 12-12 for Scott Brand self contained breathing apparatus non-responsive and award the bid to Allstar Fire Equipment Inc. in the amount of $218,853.11. MATERIALS TO FOLLOW Item No. 2 . S . 2.S. FIND THE BID FROM FISHER SCIENTIFIC IN RESPONSE TO IFB 12- 12 FOR SCOTT BRAND SELF CONTAINED BREATHING APPARATUS NON-RESPONSIVE AND AWARD THE BID TO ALLSTAR FIRE EQUIPMENT INC. IN THE AMOUNT OF $218,853.11: RECOMMENDATION: Find the bid from Fisher Scientific in response to IFB 12-12 for 36 new Scott brand Self Contained Breathing Apparatus and associated equipment to be Non-Responsive and award the bid to Allstar Fire Equipment Inc. in the amount of $218,853.11. Authorize the Fire Department to acquire up to an additional 14 new breathing apparatus and associated equipment per the guaranteed Unit Prices from Allstar valid through December 31, 2014. MATERIALS TO FOLLOW Item No. 2 . S .