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INVITATION FOR BIO INSTRUCTIONS
<br /> i. LATE BIDS WILL NOT BE ACCEPTED OR CONSIDERED. It is the 7. The State of Colorado reserves the right to reject any or all 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 bids are solicited. inquiry implies no obligation on the part of the State nor does the'State's silence
<br /> 2. Each bidder shall furnish the information required;the unit price for each imply any acceptance or rejection of any quotation offer. 4
<br /> stem bid must be shown;a total for each item bid must be entered: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 bidder's 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 No bid shall be withdrawn for a period of sixty(60)days subsequent to the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 discounts offered for payment within less than thirty(30)calendar days will not be
<br /> upon request made at the time the samplers furnished,be returned at the quests considered in evaluating offers for award.Discounts of less than thirty(30)days
<br /> expense.Failure to cfurnishsefor brochures.specifications.snd/orsamplesas requested will be taken if payment is made within the discount period,even though not
<br /> may be sufficient cause for rejection of bids. 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 ContracVPurcnase Ostler 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 seated and properly marked in the 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 bids,or to purchase or contract for
<br /> 6 Materials and/or services are to be supplied as specifiid.The State will be materials or services.
<br /> the soleludge in determining-equals-in regard to quality,priceand 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 this bid is accepted by the State within the time
<br /> Purchase Order is an ACCEPTANCE of your OFFER TO SELL,as stated in your bid. specified, to furnish the goods and/or services in strict accordance with the
<br /> If no bid is referenced the Purchase Order is an OFFER TO BUY,subject to your specifications,and at the price set forth each item.In case of error in extension,the
<br /> acceptance;which can be demonstrated by your performance of the Order or by a unit price will prevail.If the price is omitted on the Purchase Order,seller's price
<br /> formal acknowledgement Any COUNTER-OFFER TO SELL Is automatically con- will be the lowest prevailing market price.
<br /> strued as CANCELLATION of the Purchase Order unless a Change Order is issued 12 PROMPT PAYMENT:It is the State of Colorado Policy to promptly accepting a counter offer. p y pay ven-
<br /> dors for goods or services provided the State.State law and regulations provide
<br /> 2. CHANGES: Nothing In the Purchase Order may be added to,modified, that vendors will be paid within forty five days after receipt of goods or services and
<br /> superceded or otherwise altered except in writing signed by an authorized rep- a correct notice of amount due.Unless agreed to by contract or special conditions
<br /> resentative of the Division of Purchasing and acknowledged by the vendor.Each of the Purchase Order.A State liability not paid within forty five days is considered
<br /> shipment received orservice performed shall be deemed to be only upon the terms delinquent and interest on the unpaid balance shall be paid beginning with the
<br /> contained in the Purchase Order notwithstanding any terms that may be contained forty sixth day at the rate of one percent per month on the unpaid balance until paid
<br /> in any invoice or other act of vendor other than acknowledgement of a written in full.A liability shall not arise if a good faith dispute exists as to the agency's
<br /> Change Order to the Purchase Order. 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 sellers failure to deliver as and days interest to be paid and the applicable interest rate. (Ref. Sec 24.30-
<br /> when promised the State of Colorado reserves the right to cancel irs order,or any 202(24),CRS)
<br /> part thereof,and seller agrees that the State of Colorado may return all or part of 9
<br /> 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
<br /> as a result of such failure to deliver as promised the Contract may assign any portion of the agreement without the prior written
<br /> consent of the other party.
<br /> 4. NEW GOODS:All equipment delivered against this Purchase Order shall be
<br /> newly manufactured and of the manufacturers current model unless otherwise Vendor and Purchaser,State of Colorado,recognize that in actual economic
<br /> specified practice antitrust violations ultimately impact on the purchaser.Therefore,for good
<br /> cause and as consideration for executing this contract.Vendor hereby assigns to
<br /> 5. QUALITY:The State will be the sole judge in determining"equals*in regard the State of Colorado any and all claims it may now have or hereafter acquire under
<br /> to quality,price and performance. federal or state antitrust laws relating to the particular goods or services
<br /> 6. INSPECTION:Receipt of goods or services in response to this order can purchasedr ntracL red by the State of Colorado pursuant to this purchase
<br /> result In authorized payment on the part of the Agency or Institution.However It Is
<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 fall to meet all spirit of the Colorado Antidiscrimination Act of 1957.as amended,and the applic-
<br /> Inspection requirements the State will exercise all of Is rights including those pro- able law respecting discrimination and unfair labor practices.(Reference 24-34-
<br /> vided In the Uniform Commercial Code. 301.CRS,as amended and the Governors Executive Order of April 16. 1975
<br /> 7. WARRANTIES: All provisions and remedies of the Uniform Commercial rotating 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 ed by Executive Order Order o issued by the President of the United IncorStateporated
<br /> as amend-
<br /> and made a part of these Terms and Conditions. ed by Executive Order No.11375 as applicable,which are Incorporated herein
<br /> by reference.)
<br /> 8. TERMINATION:In the event of Vendors FAILURE to deliver as and when The vendor agrees to comply both specifically and with the intent of Sec-
<br /> specifically promised the State of Colorado reserves the right to cancel the tions 503 and SL%4 of the Rehabilitation Act as amended.(The Act deals with non-
<br /> Purchase Order,or any part thereof,without prejudice to Its other rights,and VIEW discrimination in hiring and personnel practices related to the handicapped and
<br /> DOR AGREES that the Agency may return all or part of any shipment so made and with making facilities accessible to the disabled.)
<br /> may charge vendor any 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
<br /> of Colorado not involving delay or late delivery may be affected by negotiated required by OSHA.
<br /> agreement Every effort will be made to reaph a fair and prompt settlement 16. INDEMNIFICATION: In the event any article sold or delivered under the
<br /> with the 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,Me sellerwill indemnify and hold harmless the State of Colorado from any
<br /> Pt and all love,cost,expenses and legal fees on account of any claims,legal actions,
<br /> of acceptable invoice or from date of receipt of acceptable merchandise at des- or judgements on account of manufacture,sale or use of such,article in violation,
<br /> tination,whichever is the later. infringement or the like or rights under such patent, copyright, trademark or
<br /> 10. TAXES:The State of Colorado as purchaser,is exempt from all Federal taxes application.
<br /> under Chapter 32 of the Internal Revenue Code(Registration No.84-7301231q 17. VENUE:The laws of the State of Colorado,U.SA shall govern in connection
<br /> and from all State and Local Government Use Taxes(Ref.Colorado Revised Status with the formation,performance and the legal enforcement of this purchase order.
<br /> Chapter 39-26.1141a►.)(Our Colorado State and Local Sales Tax Exemption Num- Further,Title 24,CRS as amended Article 101 through 112 and Rules adopted to
<br /> ber is 98-02565.) Seller is hereby notified that when materials are purchased in implement the statutes govern this procurement.
<br /> certain political sub-divisions(for example-City of Denver)the seller may be
<br /> required to pay sales tax even though the ultimate product or service is provided to
<br /> the State of Colorado.This sales tax will not be reimbursed by the State.
<br /> OP-21 Rev.SM
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