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. "TERMS AND CONDITIONS" . ., , 1. The bidder agrees to comply with the letter and spirit of the Colorado Antidis>:rimination Act of 1957, as amended. and the applicable law.. respecting disaimination and unfair employment practices. (Reference 24-34-301, CRS 1973, as amended, and the Governor's Executive/" Order of April 16, 1975 rel~ting to equal opportunity and affirmative action, and Section 202 of the Federal Executive Order No. 11246 issued by the President of the United States as amended by ExeCutive Order No. 11375, as applicable. which are incorporated herein by reference. ) 2. The bidder agrees to comply both specifically and with the intent of Sections 503 and 504 of the Rehabilitation Act of 1973, as amended. (The Act deals with non-distrimination in hiring and personnel practices related to the handicapped and with making facilities accessible to the disabled.) 3. All chemicals, equipment and materials proposed must conform to the standards required by OSHA. 4. The bidder agre... if his bid is accepted by the State within the time specified elsewhere herein. to furnish supplies andlor services in strict accordance with the bid specifications, and at prices set forth fot each item in this bid. In case of errQr in extension, the unit price will prevail. 5. Specilications are provided to identify the product required and 10 establish an acceptable quality 'evel. Bids on products of equal quality and usabilitY will normally be considered unless otherwise stated. Brochures and/or specifications must be submitted where applicable. Samples of item, or items, when required, must be furnished fr~ of expense to the State, and if not destroyed by tests may upon request made at the time the sample is furnished, be returned at the bidQer's expenslt. Failure to furnish brochures, specifications, and/or samples as requestecfmay-be'slifficient-cause-for-rejection-of"bids.- .,..---~ ~ - -. 0-_ --' "",-- ......- - ? - -- .- ~ - 6. Bidders are expected to examine the drawings, specifications, sthedule of delivery, and all instructions. Failure to do so will be at the bidder's risk. 7. Bonds: The State reserves tile right to require a bid bond. a supply contract bond, andlor a faithlul perlormance bond including labor and material bond, from the vendor in the amount designated in the invitation, but not to exceed the ilmount of the contract. Insurance requirements will be as listed in the Invitation and Bid. 8. Notwithstanding the fact that a blank is provided for a cash diSCount, discounts offered for payment Within less than thirtY (30) calendar days will not be considered in evaluating offers lor award. DiSCOunts of less than thirty (30) days will be taken il payment is made within the discount period, even though not considered in evaluation of 'the bid. Cash discount period will start from date of receipt of acceptable invoice or from date of aceeptable material, whichever is later. The term "Prox" is not considered to meet the requirements of 30 day criteria as noted above. 9. Late bids will not be accepted or considered. It is the responsibility of biddl!r to insure that the bid arrives in the Division of Purchasing prior to the time indicated in "Invitation 'and Bid." Telephone quotes will not be accepted when competitive sealed bids are solicited. 10. No bid shan be withdrawn for a period of sixtY (60) days subsequent to thl! opening of bids without the consent of the State Purchasing Director or delegated repres~ntative. 11. The State of Colorado reserves the right to reject any or all bids ~nd to waive informalities and minor irregularities in bids received, and to accept any portion of the bid or all items bid if deemed in the bf!\t interest of the State of Colorado. The Bid inquiry implies no obligation on the part of the State nor does the State's silence imply any acceptance or rE!jection of any quotation offer. 12. The Contract/Purchase Order will be awarded to that responsible bidder whtJse bid will be most advantageous to the State of Colorado, price, specifications, and other lactors. Title 24, CRS 1973, "' amended, Article 101 through 112, and Rules adopted to implement the Statutes govern this procurement. 13. it is understood and agreed that the delivery date quoted andlor date of installation AFTER receipt of a purchase order is the seller', best offer. In its acceptance of any quotation offer, the State of Colorado is relyin'J on the promised delivery date and/or installation as material and basic to its acceptance, unless otherwise indicated. In the event of seller's failure to deliver as and when promised, the State of Colorado reserves the right to cancel its accepting order, or any part thereof, and selll~r agrees that the State of Colorado may return all or part ot any shipment so made, and may charge seller with any loss or eXPfi!nse sustainltd as a result of sum failure to deliver as promised. 14. In the event any article to be sold or delivered hereunder is cover~ ~y any patent. copyright, trademark, or application therefor, the seller will indemnify and hold harmless the State 01 Colorado from anV and alllosl. cost, expenses and legal I... on account of any claims, legal actions, or iudgment~ on account of manufacture. sale, or use Of such article in violation, infringement or the like of rights under such patent, copyright, trademark or application. 15. The State of Colorado will not be responsible for any goods deHvered. or services performed if the procurement has not been approved by an authorized official. 16. ~o:e: ~n o,~der t? .~emain on "Acti.ve Bidde~s List," it is. imperative th~t a~1 b.ids be re11;Jrned. In .the event of "no bid," please sign bid, Indicating no bid and rerurn. Failure to bid or to advise that future IOvltatlons for bid are deSired may result in the removal of your name from the bidders list. 17. The State of Colorado is e.empt Irom all Federal taxes under Chapter 32 of the Intemal Revenue Code [Registration No, 84-730123K) and from all City and State and Use Taxes.IRef: Colorado Revisea Statutes 1973. Chapter 39-26.114(aU 18. ~ite copy o! the "lnvitation and Bid" should be returned in the envelope provided; the return bid envelope should be properly marked In spaces prOVIded.