GENERAL51249

• Permit No: C1981016
• IBM Index Class Name: General Documents
• Doc Date: 8/2/1990
• Doc Name: Bid invitation - East Mine Reclaim
• Permit Index Doc Type: RECLAMATION PROJECTS
• Media Type: D
• Archive: No

INVITATION FOR BID INSTRUCTIONS
1. LATE BIDS WILL NOT BE ACCEPTED OR CONSIDERED. It is the
responsibility of the bidder Io insure that the bitl arrives in the Division of
Purchasing prior to the time intl icatetl in the"Invitation for Bitl". Telephone quotes
will not be accepted when competitive sealetl bitls are solicited.
2. Each bitltler shell lurnlsh the information requiretl: the unit price for each
item bitl must De shown; a total for each item bid must be entered; in case of error i n
extension, unit price prevails.
3. Specifications are provided to itlentify the protluct required antl toestablish
an acceptable quality level. Bitls on protlucls of equal quality and usability will
normally be considered unless otherwise stated. Brochures antl/or specilicalions
must De suDmittetl where epDlicable. Samples of item or items. when requiretl,
must be furnishetl free of expense to the State, antl if not tleslroyetl by tests, may
upon request made at the time the sample is lurnisned, be returned at the bidder's
expense. Failure to lurnlsh broth ures, specilications.and/or samples as requestetl
may be sufficient cause for rejection of bitls.
4. In artler to ba consitleretl for further bitls i[ is necessary that all bitls be
returned. In the event of "No Bid" please sign the bid intlicating "NO Bid" and
return.
5. The original of the "Invile[ion for Bid" should be returned in the envelope
provitletl; the return bid envelope should be sealed antl properly marke0 in the
spaces provided.
8. Materials antl/or services are to be supplied es specifietl. The Stale will be
the sole lutlge in tletermining "equals" in regartl to quality, price end penormance.
7. The State of Colorado reserves the right to rejeclany Or all bitls antl to waive
inlprmelities and mi nor irreg ularities in Dids received antl Io accept any portion of
the bid or all items it deemed in Ina best interest o/ Ina State of Coloretlo. The bitl
inquiry implies no obligation on Iha pan of the Slate nor does the Slate's silence
imply any acceptance or rejection of any quotation otter.
6. Bidtlers era expecletl to examine the drawings. specifications, schetlule of
tlellvery, antl all Instructions. Failure to do so will be al the bitltler's risk.
9. No bid snail De withdrawn lore period pl sixty (60) days subsequent Io the
opening of the bitls without the Consent of the State Purchasing Director or
delegated representative.
tD. Notwithstanding the tact that a blank is provided for a cash discount,
tliscounts offered for payment within 1e551han Ihi ny 130) calendar days will not be
considered in evaluating oilers for awartl. Discounts of less roan thirty (301 Days
will DB taken If payment is made within the discount period. even though not
consitlered in eval ualion of the Did. The term "Prox." i5 not considered to meet the
requirements of 30 day criteria as notetl above.
17. The ContracVPUrchase Order wdl be awarded to that responsive and
responsible bidder whose bid will be most atlvantageous to the State of Coloretlo,
price, sDecilications, and other lectors consitleretl
12. This Invitation for Bitl does not obligate the State to pay any costs incurred
in the preparation or the submission of such bitls, or to purchase or contract for
materials or services.
13. You mull Submit tlocuments, exhibits or other evitlence within 7 working
days if you wish to protest any ponion of this Invitation for Bid.
PURCHASE ORDER TERMS 8 CONDITIONS
1. OFFER/ACCEPTANCE: If the Purchase Ortler refers to your bid then the
Purchase Ortler is an ACCEPTANCE of your OFFER TO SELL, as staled in your
bitl. 11 no bitl is referenced, the Purchase Order is an OFFER TO BUY, subject to
your acceptance: which can De demonstrated Dy your performance 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
issuetl accepting a counter offer.
2. CHANGES: Nothing In the Purchase Order may be added to, motlifietl,
9uperceded Or otherwise alleretl except in writing signed by an authorized
representative of the Division of Purchasing antl acknpwletlgetl Dy the vendor.
Each shipment receivetl or service perlprmetl shall be tleemed to be only upon the
terms Contained in the Purchase Order notwithstanding any term! that may ba
contained in any invoice or other act of ventlor other then ecknpwletlgement of a
wrinen Change Order to the Purchase Ortler.
3. DELIVERY:Inits acceptance olany quotation offer, the State of Colorado is
relying on the promised delivery data. installation, or service penormance as
materiel antl basic to its acceptance. In the event of seller's tail ure to deliver as and
when promised, the State of DDIOIadO reserves the right to Cancel it's order, or any
pan Ihereol, antl seller agrees that Iha State of Colorado may return ell or pan of
any shi pmenl so-matle, antl may charge seller with any 1055 Or expense Suslainetl
as a result of such leilure to deliver as promised
4. NEW GOODS: All equipment delivered against this Purchase Ortler shall be
newly.manulacturetl antl of the manufacturer's current motlel unless otherwise
specifietl.
5. OUALITV: The State vii I I be the sole f udge in determining "equals" in regard
to quality, price and penormance.
6. INSPECTION: Receipt of gootls or services in response to this order can
result in autnorizetl payment on the pan of the Agency or Institution. However it is
untlerstootl that final acceptance is tlepentlenl upon completion of all applicable
requiretl inspection procedures. Should the goods or services tail to meet ell
inspection requirements the State will exercise all 01 its rights Including those
provided in the Uniform Commercial Code
7. WARRANTIES: All provisions and remetlies of the Uniform Commercial
Cotla relating to both implietl antl expressed warranties are herewith relerretl 10
and made a part of these Terms and Contllllons.
6. TERMINATION: In the event of Vendor's FAILURE to deliver as and when
spealically promised, the State pl Coloretlo reserves the right to cancel the
PUlCnase Order, pr any pars Ihere0l. With OUt prelUdlLe IO i14 Other rights, antl
VENDOR AGREES that the Agency may return all or part oleny shipment so made
antl may charge ventlor ar,y loss or expense sustained as a resu It of such failure to
deliver as promised.
Settlement of the Purchase Order Terminated for Convenience of the State
01 Coloretlo opt involving delay or late tlellvery may be effected by nego[ialed
agreement. Every ellon will be matle to reach a lair and prompt settlement with the
ventlor.
9. CASH DISCOUNT: The Cash Discount Period will start from tlate of receipt
of acceptable invoice or Irom date of receipt of acceptable merchantlise ai
destination, whichever is the later.
70. TAXES: The Stale of COlpratlo as purchaser, is exempt Irom all Federal
lazes under Chapter 32 of the Infernal Revenue Code (Regi stralron No. 66-
730123K) and from all State and Local Government Use taxes (Rel. Coloretlo
Revisetl Statutes Chapter 39-26.7141a).1(Our Colorado State and Local Sales Tax
Exemption Number is 98-022381.) Seller is hereby nOlilietl Inai when materials are
purchased in certain political sub-tlivisrons (tor example -City of Denver) Iha
seller may De required to pay sales tax even though the ultimate protluct or service
is provided to the State of Colorado. This sales tax will not be reimbursed by the
State.
11. PRICES: The selleragrees, it his bitl is accepted by the State within the time
specified, to lurnlsh the goods antl/Or serve Ces in strict accortlance with the
5pecilicalions,end 911ne price get forth for each item. In case of error in extension,
the unit price will prevail. II the price is omitted on the Purchase Ortler, seller's
price will be the lowest prevailing market price.
12. PROMPT PAYMENT: It i5 the Stale of Coloretlo Policy to promptly pay
vendors for goods or services provided the State. State law and regulations
provitle that ventlors well be paid within lorry live days alter receipt of goods or
services and a correct notice of amount due. Unless agreetl to Dy contract or
special conditions of the Purchase Order, A State liability not paid withinfony five
days is considered delinquent antl interest on the unpaitl balance snail be paid
beginning with the forty sixth day et the rate of One percent per month on the
unpaid balance until paid in lull. A liability shall not arise it a good faith tlispute
exists as to the agency's pbligation to pay all or a ponion of the liability.
Vendors shall invoice the State separately for interest on delinquent
amounts due. The billing shall reference the delinquent payment, the number of
tlays interest to be paid and the applicable interest rate. (Ref. Sec 24-30-202(241,
CRS)
13. ASSIGNMENT Except for Assignment of Antitrust Claims, nei[ner pang to
the Contract may assign any portion of the agreement without the prior written
consent of the other parry.
Vendor and Purchaser, State of Coloretlo, recognize Thai in actual econOm is
practice antitrust violations ultimately impact on the purchaser. Therefore, for
g OOtl cause and as LOnsitlefatlOn for executing This Contract, Vendor hereby
assigns to Ina State of Colorado any and all claims it may now have or nerealler
ecqume under federal or stale antitrust laws relating to the panic War goods or
services purchased or acqui retl by the State of Colorado pursuant to [his purchase
order contract
tb. EOUAL OPPORTUNITY: The vendor agrees to comply with the letter and
spirit of the Coloretlo Antidiscrimination Act of 1957, as amentled. and Ina
applicable law respecting discrimination and unfair labor practices. (Reference
24-34-301, CRS, as amentled and the Governor's Executive Ortler of April 16.1975
relating to eq ual opportunity and albrmeuve action antl Section 202 of the Fetleral
Executive Ortler NO 11246 issued by the President of Ina Unitetl States as
ementletl by Executive Ortler NO 11375 as applicable, which are incorDOratetl
Herein by reference.)
The vendor agrees to comply both speGfically and with the intent of
Sections 503 antl 504 of the Rehabilitation Act as amentled. IThe Act deals with
non-discrimination in Hiring antl personnel practices related 1o the handicappetl
and with making 12CJmes accessihle 101he disabled.)
t5. O.S.H.A .All cnemicals.eq uipment and materials proposed and/or usetl in
the penormance of the Pu rchase Order must conform to the standartls requretl by
OSHA.
16. INDEMNIFICATION: In the event any article sold or delivered untler the
purchase Order is Wvered by any patent. cODYright. Iratlemark, Or appl¢alion
therefor, the seller will indemnify antl holtl harmless the State of Colorado Irom
any and all loss, cost, expenses and legal fees on account OI any claims. legal
actions. or lutlgements on account of manulaclu re. sale or use of such article in
violation, infringement or the like or rights untler such patent, copyright,
trademark or application.
t7. VENUE: The laws of the Slate of Colorado. U.S.A. shall govern in
connection with the formation, penormance antl the legal enf orcemenl of this
purchase ortler. Further, Title 24, CRS as amended, Article 101 through 112 and
Rules adopted to implement the statutes govern this procurement.