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- "TERMS AND CONDITIONS" ~ .> , 1. The bidder agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957, as amended, and the applicable law respecting discrimination and unfair employment practices. (Reference 24.:34.301, CRS 1973, as amended, and the Governor's Executive Order of April 16,1975 relating 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-discrimination 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 stand,uds required by OSHA. 4. The bidder agrees, if his bid is accepted by the State within the time specifi,~d elsewhere herein, to furnish supplies and/or services in strict accordance with the bid specifications, and at prices set forth for each itern in this bid. In case of error in extension, the unit price will prevail. 5. Specifications are provided to identify the product required and to establis", an acceptable quality level. Bids on products of equal quality and usability will normally be considered unless otherwise stated. Brochu'es and/or specifications must be submitted where applicable. Samples cr item, or items, when required, must be furnished free of experHe to the State, and jf not destroyed by tests may upon request made at the time the sample is furnished, be returned at the bidder's expense. Failure to furnish brochures, specifications, and/or samples as requested may be sufficient cause for rejection of bids. 6. Bidders are expected to examine the drawings, spe6fications, schedule of delivery, and all instructions. Failure to do so will be at the bidder's risk. 7. Bonds: The State reserves the right to require a bid bond, a supply contract bond, and/or a faithful performance bond including labor and material bond, from the vendor in the amount designated in the invitation, but not to exceed the amount 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 for award. Discounts of less than thirty (30) days will be taken if 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 acceptable 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 bidder to insure that the bid arrives in the Division of Purchasing prioTfC:f'1he-tiinEf indic-a~ted in-"lnvftatTon and' Bid~".Telephone quotes will not be acclfpted when-competitive sealed bids are solicited. 10. No bid shall be withdrawn for a period of sixty (60) days subsequent to the opening of bids without the consent of the State Purchasing Director or delegated representative. 11. The State of Colorado reserves the right to reject any or all bids and to waive informalities and minor irregularities in bids recelv..rl, and to accept any portion of the bid or all items bid if deemed in the best interest Jf the State of Colorado. The Bid inquiry impliF?s no Obligation on the part of the State nor does the State's silence imply any acceptance or rejection of any quotation offer. 12. The Contract/Purchase Order will be awarded to that responsible bidder whose bid will be most advantageous to the State of Colorado, price, specifications, and other factors, Title 24, CRS 1973, as amended, Article 101 through 112, and Rules adopted to Implement the Statutes govern tb.iu~r:ocurement. 13. It is understood and agreed that the delivery date quoted and/or date of in~,tallation AFTER receipt of a purchase order is the seller's best offer. In its acceptance of any quotation offer, the State of Colorado is relying 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 seller agrees that the State of Colorado may return all or part of any shipment so made, and may charge seller with any loss or expense sustained as a result of such failure to deliver as promised. 14. In the event any article to be sold or delivered hereunder is covered Jy any patent, copyright, trademark, or application therefor, the seller will indemnify and hold harmless the State of Colorado from any and all loss, cost, expenses and legal fees on account of any claims, legal actions, or judgments 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 delivered, or services performed if the procurement has not been approved by an authorized official. 16. Note: In order to remain on "Active Bidders List," it is imperative that all bids be returned, In the event of Hno bid," please sign bid, indicating "no bid" and return, Failure to bid or to advise that future invitations for bid are desired may result in the removal of your name from the bidders list. 17. The State of Colorado is exempt from all Federal taxes under Chapter 32 .)f the Internal Revenue Code [Registration No. 84-730123K) and from all City and State and Use Taxes. (Ref: Colorado Revised Statutes 1973, Chapter 39-26-114(a).] 18. White copy of the "Invitation and Bid" should be returned in the envelope provided; the return bid envelope should be properly marked in spaces provided.