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INVITATION FOR BID INSTRUCTIONS f "
<br /> 1 LATE BIDS WILL NOT BE ACCEPTED OR CONSIDERED It is the 7 The State of Colorado reserves the right to reject any oral!bids and to waive
<br /> responsibility of the bidder to insure that the bid arrives in the Division of informalities and minor irregularities in bids received and to accept any portion of
<br /> Purchasing prior to the time indicated in the"Invitation for Bid".Telephone quotes the bid or all items if deemed in the best interest of the State of Colorado The bid ,,
<br /> will not be accepted when competitive sealed bias are solicited. inquiry implies no obligation on the part of the State nor does the State s silence
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<br /> 2. Each bidder shall furnish the information required:the unit price for each imply any acceptance or rejection of any quotation offer.
<br /> item bio must be shown:a total for each item bid must beentered;in case of error in 8. Bidders are expected to examine the drawings,specifications,schedule of
<br /> extension,unit price prevails. delivery,and all instructions.Failure to do so will be at the bidders risk
<br /> 3. Specifications are provided to identify the product required and to establish 9. No bid shall be withdrawn for a period of sixty(60)days subseouent to the
<br /> an acceptable quality level. Bids on products of equal quality and usability will opening of the bids without the consent of the State Purchasing Director or
<br /> normally be considered unless otherwise stated.Brochures and/or specifications delegated representative.
<br /> must be submitted where applicable.Samples of item or items,when required, 10. Notwithstanding the fact that a blank is provided for a cash discount.
<br /> must be furnished free of expense to the State,and if not destroyed by tests,may
<br /> upon request made at the time the sample is furnished.be returned at the bidder's discounts offered for payment within less than thirty(30)calendar days will not be
<br /> expense.Failure to furnish brochures.specifications,and/or samplesas requested considered in evaluating offers for award.Discounts of less than thirty(30)days
<br /> may be sufficient cause for rejectiorret bids. will be taken if payment is made within the discount period, even though not
<br /> considered in evaluation of the bid The term"Prox"is not considered to meet the
<br /> 4. In order to be considered for further bids it is necessary that all bids be requirements of 30 day criteria as noted above.
<br /> returned. In the event of"No Bid"please sign the bid indicating"No Bid"and 11. The ContracVPurchase Order will be awarded to that responsive and
<br /> return. responsible bidder whose bid will be most advantageous to the State of Colorado.
<br /> 5. The original of the"Invitation for Bid"should be returned in the envelope price,specifications,and other factors considered
<br /> provided;the return bid envelope should be sealed and properly marked in the
<br /> 12. This Invitation for Bid does not obligate the State to pay any costs incurred
<br /> spaces provided. in the preparation or the submission of such oids,or to purchase or contract for
<br /> 6. Materials and/or services are to be supplied as specified.The State will be materials or services.
<br /> the sole judge in determining"equals"in regard to quality,price and performance. 13. You must submit documents,exhibits or other evidence within 7 working
<br /> days if you wish to protest any portion of this Invitation for Bid.
<br /> PURCHASE ORDER TERMS& CONDITIONS
<br /> 1. OFFER/ACCEPTANCE: If the Purchase Order refers to your bid then the 11. PRICES:The seller agrees.if his bid is accepted by the State within the time
<br /> Purchase Order is an ACCEPTANCE of your OFFER TO SELL.as stated in your specified, to furnish the goods and/or services in strict accordance with the
<br /> bid.If no bid is referenced,the Purchase Order is an OFFER TO BUY,subject to specifications,and at the price set forth for each item In case of error in extension,
<br /> your acceptance;which can be demonstrated by your performance of the Order or the unit price will prevail. If the price is omitted on the Purchase Order,seller's
<br /> by a formal acknowledgement.Any COUNTER-OFFER TO SELL is automatically price will be the lowest prevailing market price.
<br /> construed as CANCELLATION of the Purchase Order unless a Change Order is 12. PROMPT PAYMENT: It is the State of Colorado Policy to promptly pay
<br /> issued accepting a counter otter. vendors for goods or services provided the State. State law and regulations
<br /> 2. CHANGES: Nothing in the Purchase Order may be added to, modified, provide that vendors will be paid within forty five days after receipt of goods or
<br /> superceded or otherwise altered except in writing signed by an authorized services and a correct notice of amount due. Unless agreed to by contract or
<br /> representative of the Division of Purchasing and acknowledged by the vendor. special conditions of the Purchase Order.A State liability not paid within forty five
<br /> Each shipment received or service performed shall be deemed to be only upon the days is considered delinquent and interest on the unpaid balance shall be paid
<br /> terms contained in the Purchase Order notwithstanding any terms that may be beginning with the forty sixth day at the rate of one percent per month on the
<br /> contained in any invoice or other act of vendor other than acknowledgement of a unpaid balance until paid in full.A liability shall not arise if a good faith dispute
<br /> written Change Order to the Purchase Order. exists as to the agency's obligation to pay all or a portion of the liability
<br /> 3. DELIVERY:In its acceptance of any quotation offer,the State of Colorado is Vendors shall invoice the State separately for interest on delinquent
<br /> relying on the promised delivery date, installation, or service performance as amounts due The billing shall reference the delinquent payment.the number of
<br /> material and basic to its acceptance.In the event of seller's failure to deliver as and days interest to be paid and the applicable interest rate.(Ref.Sec 24-30-202(24),
<br /> when promised,the State of Colorado reserves the right to cancel it's order,or any CRS)
<br /> part thereof,and seller agrees that the State of Colorado may return all or part of 13. ASSIGNMENT.Except for Assignment of Antitrust Claims,neither party to
<br /> any shipment so.made,and may charge seller with any loss or expense sustained the Contract may assign any portion of the agreement without the prior written
<br /> as a result of such failure to deliver as promised.
<br /> Consent of the other party
<br /> 4. NEW GOODS:All equipment delivered against this Purchase Order shall be Vendor and Purchaser,State of Colorado,recognize that in actual economic
<br /> newly manufactured and of the manufacturer's current model unless otherwise practice antitrust violations ultimately impact on the purchaser. Therefore. for
<br /> specified. good cause and as consideration for executing this contract, Vendor hereby
<br /> 5. QUALITY:The State will be the sole judge in determining"equals"in regard assigns to the State of Colorado any and all claims it may now have or hereafter
<br /> to quality,price and performance. acquire under federal or state antitrust laws relating to the particular goods or
<br /> 6. INSPECTION: Receipt of goods or services in response to this order can services purchased or acquired by the State of Colorado pursuant to this purcnase
<br /> result in authorized payment on the part of the Agency or Institution.However it is order contract.
<br /> understood that final acceptance is dependent upon completion of all applicable 14. EQUAL OPPORTUNITY:The vendor agrees to comply with the letter and
<br /> required inspection procedures Should the goods or services fail to meet all spirit of the Colorado Antidiscrimination Act of 1957, as amended, and the
<br /> inspection requirements the State will exercise all of its rights including those applicable law respecting discrimination and unfair labor practices. (Reference
<br /> ,provided in the Uniform Commercial Code. 24-34-301.CRS,as amended and the Governor's Executive Order of April 16.1975
<br /> 7. WARRANTIES: All provisions and remedies of the Uniform Commercial relating to equal opportunity and affirmative action and Section 202 of the Federal
<br /> Code relating to both implied and expressed warranties are herewith referred to Executive Order No. 11246 issued by the President of the United States as
<br /> and made a part of these Terms and Conditions. amended by Executive Order No. 11375 as applicable, which are incorporated
<br /> herein by reference.)
<br /> 8. TERMINATION:In the event of Vendor's FAILURE to deliver as and when The vendor agrees to comply both specifically and with the intent of
<br /> specifically promised, the State of Colorado reserves the nght to cancel the Sections 503 and 504 of the Rehabilitation Act as amended.(The Act deals with
<br /> Purchase Order, or any part thereof,without prejudice to its other rights,and non-discrimination in hiring and personnel practices related to the handicapped
<br /> VENDOR AGREES that the Agency may return all or part of any shipment so made and with making facilities accessible to the disabled)
<br /> and may charge vendor arty loss or expense sustained as a result of such failure to
<br /> deliver as promised. 15. O.S.H.A..All chemicals.equipment and materials proposed and/or used in
<br /> Settlement of the Purchase Order Terminated for Convenience of the State the performance of the Purchase Order must conform to the standards required by
<br /> of Colorado not involving delay or late delivery may be effected by negotiated OSHA.
<br /> agreement.Every effort will be made to reach a fair and prompt settlement with the 16. INDEMNIFICATION: In the event any article sold or delivered under the
<br /> vendor. purchase order is covered by any patent, copyright, trademark, or application
<br /> 9. CASH DISCOUNT.The Cash Discount Period will start from date of receipt therefor,the seller will indemnify and hold harmless the State of Colorado from
<br /> of acceptable invoice or from date of receipt of acceptable merchandise at any and all loss,cost,expenses and legal fees on account of any claims, legal
<br /> destination,whichever is the later. actions.or Judgements on account of manufacture,sale or use of such article in
<br /> violation, infringement or the like or rights under such patent. copyright,
<br /> 10. TAXES: The State of Colorado as purchaser, is exempt from all Federal trademark or application.
<br /> taxes under Chapter 32 of the Internal Revenue Code (Registration No. 84- 17 VENUE: The laws of the State of Colorado, U S.A shall govern in
<br /> 730123K) and from all State and Local Government Use Taxes (Ref. Colorado connection with the formation, performance and the legal enforcement of this
<br /> Revised Statutes Chapter 39-26.114(a).)(Our Colorado State and Local Sales Tax purchase order Further.Title 24,CRS as amended,Article 101 through 112 and
<br /> Exemption Number is 98-022381.)Seller is hereby notified that when materials are Rules adopted to implement the statutes govern this procurement
<br /> purchased in certain political sub-divisions (for example- City of Denver) the
<br /> seller may be required to pay sales tax even though the ultimate product or service
<br /> is provided to the State of Colorado.This sales tax will not be reimbursed by the
<br /> State
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