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INVITATION FOR BID INSTRUCTIONS 1. LATE BIDS WILL NOT BE ACCEPTED OR CONSIDERED. It Is the reaponslblllly of the Dldder to insure that the bid arrives In the Dlvtsion of Purchas ng prior to the time indicated In [he"Invitation for Bid". Telephone quotes will not be accepletl when competitive sealetl bitls are solicited. 2. Each bitlder shall furnish the information requiretl: the unit price for each item bitl must be shown; a total for each item bitl must be enleretl: in case of error in extension, unit price prevails. 3. Specifications are provide0 to identify the protluct required an0 to establish an acceptable quality level. Bids on products of equal quality antl usability will normally be consideretl unless otherwise statetl. Brochures and/or specillcations must be submittetl where applicable. Samples of item or Items, when required, must De furnished Tree of expense to the Stale, antl it not destroyed by tests, may upon request matle al the time the sample is f urnishetl, be retu road at the bidder's expense. Failure Iofurnish brochu res, specifications,antl/or samples as requested may Da sullicient cause for rejection of beds. 1. In ortler to be ton5itleretl for further bids it is necessary that all bitls be returnetl. In the even[ of "NO Bld" please sign the bid intlicating "NO Bid" and return. 5. The original of the "Invitation for Bitl" should be retu rnetl in the envelope provitled; the return bitl envelope should De sealed and properly marketl in the spaces provitled. 6. Materiels and/Or services era to be supplied as sDecitietl. The State will be the sole lutlge In determining "equals" in regard to quality, price and pedormance. 7. The State of Colorado reserves the right to relectany or all bids antl to waive Informalities andminor irregularllies inbitls receivetlantl t0 accept any portion of the bid or all items it tleemetl In the best Interest of the State of Colorado The bId Inquiry implies no obligation on the Dart of the State nor does the Slate's silence imply any acceptance or rejection of any quotation oiler. 6. Bltlders are expected to examine the drawings. specifications, schedule of tlellvery, antl all instructions. Failure to tlo so will be at the bitltler's risk. 9. No bitl shall be witntlrawn for a periotl of sixty (60) tlays subsequent to the opening of the bids without the consent of the State Purchasing Director or tlelegaled representative. 10. NOIwIthStentling the laOl foal a blank I5 provided for a cash discount. discounts olleretl for payment witnin less loan thirty (30)calendar days will not be consideretl in evaluating Offers for awartl. Discounts of less Than thirty (30) days well be taken it payment is made witnin the discount periotl, even though not considered In evaluation of the bid. The term "Prox." Is not consideretl to meet the requirements of 30 day criteria as noted above. 11. Tne COnIreOVPurcha5e Order will be awarded t0 loaf responsive and responsible bltltler whose bitl will be most advantageous f0 the State of Colorado. price, sDecilications,end other factors consitlered. 12. This Invitation for Bid does not obligate the Stale to pay any costs incurred In the preparation or the submission of such bitls, or to purchase or contract/or materials or services. 13. You must Submit documents. exhibits or other evidence within 7 working days it you wish to protest any portion of this Invitation for Bitl PURCHASE ORDER TERMS 8 CONDITIONS 1. OFFER/ACCEPTANCE: II }he Purchase Order refers to your bid Inert the Purchase ortler is an ACCEPTANCE of your OFFER TO SELL, as stated in your Did. If no Did i5 relerencetl, the Purchase Order i5 an OFFER TO BUY, subject to youracceptance: which can be tlemonstrated Dy your peAOrmanca of the ortler or Dy a formal acknowledgement. Any COUNTER-OFFER TO SELL is automatically construed as CANCELLATION of the Purchase Order unless a Change ortler is issue0 accepting a counter offer. 2. CHANGES: Nothing in the Purchase ortler may be adtletl to, modifietl, supercedetl or otherwise altered except in writing signed by an authorized representative of the Division of Purchasing end acknowledgetl by the vendor. Each shipment receivetl or service performed shell be tleemetl to be only upon the terms contained in the Purchase Order notwilhstantling any terms that may be containetl in any invoice or other act of vendor other loan acknowledgement of a written Change Order to the Purchase Order. 3. DELIVERY: In its acceptance olany quotation oiler, the Slate of ColOratlois relying on the promised delivery date, installation, or service performance as material and basic to its acceptance. In Ina event of seller's failure to deliver es end when promisetl, Ina State of Colorado reserves the right to cancel it's ortler, or any part thereof, and seller agrees that the State of Coloratlo may return all or pan of any shipment so,made, antl may charge seller with any loss or expense sustained as a result 01 such failure IO deliver as promisetl. 4. NEW GOODS: All equipment tleliveretl against this Purchase Order shall be newly manufactured antl of the manul8clurei5 Current model unless otherwise specilietl. 6. DUAL ITV: The State wi ll be the sole lutlge i n determining "equals" in regard to quality, price antl penormance. 6. INSPECTION: Receipt of goods or services In response to this order can result in authorized payment on the part of the Agency or I nstitution. However It is unders[ootl the[ final acceptance is depentlent upon completion of ell applicable requiretl inspection procedures. ShOUItl the goods or Services Tall IO meal all inspection requirements the State will exercise all of Its rights including those providetl in the Uniform Commercial Code. 7. WARRANTIES: All provisions and remedies 01 ine Unllorm Com martial Code relating to both Implied antl expressed warranties are herewith referred to antl matle a pan of These Terms and Contlitions 6. TERMINATION In the event of Vendor's FAILURE to tleliver as and when speCilicelly promised. the Slate of Colorado reserves the right to cancel the Purchase ortler, or any part thereof, without prelutlice to its other rights, and VEN DOR AGREES that Ina Agency may return all or pan of any shipment so made an0 may charge vendor ar,y loss or expense suStal netl as a result of such failure Io deliver as promised. Seltlemenl OI ine Purchase ortler Terminated lOr Convenience OI the State of Colorado not Involving delay or late tlellvery may be effected by negotiated agreement. Every ellon wi II be made to reach a tai r antl DromDt settlement with the vendor. 9. CASH DISCOUNTThe Cash Discount Period will start from date of receipt of acceptable inv0i0a or Irom tlale OI reCel pt of acceptable merchandise eI destination, whichever is Tne later. 10. TAXES. The State of Colorado as purchaser, Is exempt from all Federal taxes untler Chapter 32 of the Internal Revenue Code (Registration No. 64- 730123K) and from all State and Local Government Use Taxes (Ref. Coloratlo Revised Statutes CheDler 39-26.1141a).) (Our Coloratlo State and Local Sales Tax Exemption NUmberls98-022361)Seller is hereby notiiietl thaiwhen materials are purchased in certain political sub-divisions (tor example - Cily of Denver) the seller may De requiretl t0 pay sales tan even though the ultimate product or service is provitled to the State of Colorado. This sales Wx will not be reimbursed by the State. 11. PRICES: The seller agrees, it his bitl is accepletl by the Slate within the time speCilied, IO furnish the goods and/Or ServlPeS In strict aCCOrtlance with the specllications,entl at the price set forth f or each Item. In case of error in extension, the unit price will prevail. If the price is omitted on the Purchase Order, seller's price will he Tne lowest prevailing market price 12. PROMPT PAYMENT: It 15 the State of Colorado Policy IO promptly pay ventlors for goods or services provided the State. State law antl regulations provide that ventl Ors will De paid within forty live tlays after races pt OI g0otl5 or services and a correct notice of amount Oue. Unless agreetl to by contract or special contlitions of the Purchase ortler, A S18te liabil sly not paitl within forty live tlays is consitlered tlelinquent and interest on ine unpaid balance shall be paid beginning with the lorry sixth day at the rate of one percent per month on the unpaitl balance until paid In full. A IiaDil sty shall not arise if a 9ootl faith tlisDUle exists as 10 the agency's Obligation 1o pay all or a portion OI the liability. Ventlors shell invoice the Stale Separately for interest on tlelinquent amounts due. The billing Shall reference the tlelinquent payment, the number of days interest to be paid and the applicable Interest rate (Ref Sec 24-30-202124). CRS) 13. ASSIGNMENT: Except for Assignment of Antitrust Claims. neither party to Ih0 Contract may assign any portion of the agreement without Ina prior written consent Of the Other party. Ventlor antl Purchaser. Slate OI Colorado. recognize Thal in actual economic piactice antitrust violations ultimately impact on the purchaser. Therefore, for good cause and as cpn5lderatipn tO! executing this Contra Pt, Vendor hereby assigns to the State of Colorado any and all claims It may now have or hereafter acquire under federal or state antitrust laws relating 10 the particular gootls or services purchased or acquired Dy the State of Colorado pursuant to th is purchase order contract. 1a, EOUAL OPPORTUNITY: The vendor agrees to comply with the letter antl 9pirii OI Ih0 Colorado AnhtliscnminatiOn ACt Of 1957. as amended. and the epplicaDle law respecting discrimination antl unfair IaOor practices. IRelerence 24-3a-301, CRS, as amentled and the Governor's Executive Order of April 16.1975 relating 10 equal Opportunity antl alllrmative actionand Section 202 of the Fetleral Executive ortler NO 112d6 issuetl by Ina Presitlenl of the United SlaieS as amended by Executive ortler No. 11775 as applicable, which are incorporated herein by reference.) Tne vendor agrees IO comply both specifically antl with the intent of Sections 503 and 504 0l the RehaDllitation Act as amended. (The Act tleals with non-0ISCrimination in hiring antl personnel practices relaletl to the hantlicapPetl and with making facilities accessible to the disabletl.) 15. O S.H.A.: All chemicals.equipment and materials proposed and/or used in the peroOrmance of the Purchase Order muss conlOrm Io the slantlartls requl netl by OSHA. 16. INDEMNIFICATION. In the event any article sold or delivered under the purchase order is covered by any patent. Copyright, Trademark, Or appllcalion tnerelor, the seller will intlemnify and hold harmless the State of Coloratlo tram any antl all loss. cost. expenses and legal lees on account OI any claims, legal actions. or ju0gemenl5 on account of manufacture. sale or use of such article in violation, infringement or the like or rights under such patent, copyright, trademark or appllCatlOn. 17. VENUE: Tne laws of the Stale 01 Colorado. USA shall govern In connection with the formation. pedormance antl the legal enforcement of This purchase ortler. Further, Title 24, CRS as amendetl. Article 101 (hrough 112 and Rules atlopted IO implement the statutes govern this procurement.