1995-12-13_GENERAL DOCUMENTS - C1981017

• Permit No: C1981017
• IBM Index Class Name: GENERAL DOCUMENTS
• Doc Date: 12/13/1995
• Doc Name: Bid Documents ‎(IMP)‎
• Permit Index Doc Type: General Correspondence
• Media Type: D
• Archive: No

INVi7A­j j3NFJR BID(IFB)I RE'QUEST FOR PR0?,,-)�Al_S ,1'RFP)TERMS AND CONDITIONS
i Late BidS/R10p0S3lq fj()T R
0 , _L-�(,�­P�'E I
,s -C.. i, -,od,,,�to ansu,l t`i, I id p,opo a,the ir' .1� 1,
the nespons elity of the C '9 Cl ar rr s c n;
;natter bid)arrives p,, ' _ - -, : n.hrited rn th,r- r L - TE­ ,I, _ I .-.- 1 1.1 , I", I t I
responses-1,not be ac I , I I_,; 11 1 - r C
2 Specifications S,,,-, t - , , ' ' ' . ,­­% 1 1:, ;�
i ., 3;­
e I I-, E-lir a,,,n and A,irc,
h
lish an acceptable q,a:,:% a i�Snb,;­, 'J_ nri -we' P, [1)line esponsive an,
e,ed unless otherwise stu'c C -lard to r­spc,­�r,e I"ant-.(4e"! t[�,
quality
y and performarlic- I ir, j, r, z C -the ArT,
the state agency,and ,ors request acle at trip 1•1- "'i", S,;Dirn,hoc'D i­S06C,ruri d9enC`N,.
rushed,be returned at ­,i )-Cr '.
;,n:l, sirs C H S a,e 1
pies requested may o­ W ,r ol ri,,r evio6r re-thir,seven,7)worku,a naves it,,rant­,r)aware or tr,O tAi-N o­rlu file u
3 Information Required
examine the drawings,spe,i� • f art val.cl 1;01,u 1,1 1
any part of the listed scocif tiel-w­i,nil� ,ray l)"',u"t"Jol­­-�.o "e,vice
a �,rcriase orue i r ir, iutrionz,cl feoresentatna of the stati,
Questionable in any rescect !,e'eso­­ f -Ilt su&mattes to the atten-
tion of the purchasing ages' i,ti CiJ IS,e Amendments to o ,contract signal ray a authorized -sentatw­"7 l�.,,star-
this bid will be official only i, -.2-, 1 -t n,tf'e state ag-nc,, nj )f'ic Bidders should
not rely on verbal statements'ha' rite-anv zi r i -!h,r 1 vendor Forms h the event bidder s form(�J iZ 3 c)' are nc.oice,`as a,
LU!,r fi­tl; �r,:i-io ,crf t,f in,,onsister��e- w ri: ._,rts,the'eirms and cc,,-lir,
4 Products/Services Provided Tr� rudder ,all*urrus, the p_), i oi,j sc­cc, strict �Dccitat If ill J11-11,It),!'[RperSe,ie and cornrc I_e _stained tr,tf�c,bidders fcl 'e,jar,.
accordance with the spec,t,cA!los I �a,, e CF--s- Pa-r rtr, in -a��o7 tp I ecer, le-�'t it! -ta�eiru­,, t, e_,ntra, ,,a bidder torm,s,
sion,the unit price will pr=,a� _"]I�:­d,CIS C­11 C'si,o newly mar­UfoClUre;­`-4 cf n aniJa­!ur-
er's current model,unless sc e�,T 1i Waste Reduction l he State desires and encou.Si trot bids be submitted cr recvcfed nape
jr",' ,'1-tit .'doe me appearance ol Lips an I cr,lps;ional presentation is mcorlai,, inc, is-
5 Bid Return Formal- FIF re-a,rise,srmll be s„bm,!,Gd sei,ecl r-actor y aile-'r "n- ecvc�ed giossy paper's dance with the instructiors ,I-&:FB cr RFP The lFB or HFP nunbor ind the openin-i;ate ana time
should be written in the lower left Cn,,rer cf the envelope If the bid package is too large to be returned 14 indemnification In the event any article soQl)r delivered under this purchase order is covered by
in a bid envelope,a bid enveloce should he affixed to fine outside of the seated bid package any paten, copyright,trademark or application therefor,if e vendor will indemnify and hold harmless
6 Valid Bid Period. No thin snail be withc:,awi for a oeriod of less than sixty i60,calendar days sub- the State or Colorado from any and ail loss,cost expenses and legal fees on account or any claim,
legal actions or judgements on account of manufacture safe or use of such article in violation,infringe-
Sequent to the opening of the bids niess otherwise stipulateo ment of the like at fights under such patent,copyright,trademark or application
7 Discounts. Notwithstanding trie fact that a blanK is provided for a cash discount,discounts offered 15 Minority-owned Business Enterprise(MBE)Participation. It is the intent of the State to meet
for payment within less than tilioy(30,i calendar clays will not be considered in evaluating offers for the 171,MBE business participation goal set by Governor's Executive Order#0055-87 MBEs are
award,unless otherwise stipulated Discounts of less than thirty(30)calendar days will be taken if pay- encouraged to participate as prime contractors,subcontractors and/or suppliers Accordingly,direct
ment is made within the discount period,even though not considered in evaluation of the bid The term bidding from,and joint venture proposals including,minority-owned businesses are strongly encour-
"Prox"is not considered to meet the requirements of the 30 day criteria as noted above aged A successful bidder must complete a vendor MBE participation status form,including subcon-
8 Bid Acceptance/Obligation The State of Colorado reserves the right to reject any or ail bids and tractor/supplier participation status,before a contract can be finalized
to waive informalities and minor irregularities in bids received and to accept all or any portion of the bid,
PURCHASE ORDER TERMS AND CONDITIONS
1 Offer/Acceptance. If the purchase order refers to your bid,then the purchase order is an ACCEP- 12 Assignment. Except for assignment of antitrust claims and accounts receivable,neither party to
TANCE of your OFFER TO SELL in accordance with the terms and conditions of the IFB/RFP,as stat- the contract may assign any portion of the agreement without the prior written consent of the other
ed in your bid. If no bid is referenced,the purchase order is an OFFER TO BUY,subject to your party Vendor and State recognize that in actual economic practice,antitrust violations ultimately
acceptance,which can be demonstrated by your performance of the purchase order or by a formal impact the purchaser Therefore,vendor hereby assigns to the State any and all claims it may nQw
acknowledgement Any COUNTER-OFFER TO SELL is automatically construed as CANCELLATION have or hereafter acquire under federal or state antitrust laws relating to the particular products or ser-
of the purchase order unless a change order is issued accepting a counter offer. vices purchased or acquired by the State of Colorado pursuant to this purchase order. Assignment of
2. Safety Information. All chemicals,equipment and materials proposed and/or used in the perfor- anti-trust and accounts recervabte may be made only with written notice to the State
mance of this purchase order must conform to the standards required by the William- Steiger 13 Indemnification. In the event any article sold or delivered under this purchase order is covered by
Occupational Safety and Health Act of 1970 Bidders must furnish all Material Safety Data Sheets any patent,copyright,trademark,or application therefor,the vendor will indemnify and hold harmless
(MSDS)for any regulated chemicals,equipment or hazardous materials at the time of delivery. the State of Colorado from any and all loss,cost,expenses and legal fees on account of any claims,
3 Changes. The vendor agrees to furnish the products and/or services in strict accordance with the legal actions,or judgements on account of manufacture,sale or use of such article in violation,infirtirge-
specifications,and at the price set forth for each item Nothing in the purchase order may be added to, ment or the like of rights under such patent,copyright,trademark or application If this purchase order
modified,superseded or otherwise altered except in writing signed by an authorized representative of is for services,to the extent authorized by law,the contractor shall indemnify,save,and hold harmless
the state agency purchasing office and acknowledged by the vendor Each shipment received or ser- the State,its employees and agents,against any and all claims,damages,liability and court awards
vice performed shall be only upon the terms contained in the purchase order,notwithstanding any including costs,expenses,and attorney fees incurred as a result of any act or omission by the vendor,
terms that may be contained in any invoice or other act of vendor other than acknowledgement of a or its employees,agents,subcontractors or assignees pursuant to the terms of this purchase order
written change order to the purchase order 14 Independent Contractor. THE CONTRACTOR/VENDOR SHALL PERFORM ITS DUTIES
4 Delivery. In its acceptance of any quotation offer,the state agency is relying on the promised HEREUNDER AS AN INDEPENDENT CONTRACTOR AND NOT AS AN EMPLOYEE. NEITHER THE
delivery date,installation,or service performance as material and basic to its acceptance In the event CONTRACTORNENDOR NOR ANY AGENT OR EMPLOYEE OF THE CONTRACTOR/VENDOR
of vendor's failure to deliver or perform as and when promised,the state agency reserves the right to SHALL BE OR SHALL BE DEEMED TO BE AN AGENT OR EMPLOYEE OF THE STATE
cancel its order,or any part thereof,without prejudice to its other rights,and vendor agrees that the CONTRACTOR/VENDOR SHALL PAY WHEN DUE ALL REQUIRED EMPLOYMENT TAXES AND
state agency may return all or part of any shipment so made,and may charge vendor with any loss or INCOME TAX WITHHOLDING,INCLUDING ALL FEDERAL AND STATE INCOME TAX AND LOCAL
expense sustained as a result of such failure to deliver or perform as promised Settlement of a pur- HEAD TAX ON ANY MONIES PAID PURSUANT TO THIS CONTRACT CONTRACTORNENDOR
chase order terminated for convenience of the Slate not involving delay or late delivery may be ACKNOWLEDGES THAT THE CONTRACTORNENDOR AND ITS EMPLOYEES ARE NOT ENTI-
resolved by negotiated agreement In such cases every effort will be made to reach a fair and prompt TLED TO UNEMPLOYMENT INSURANCE BENEFITS UNLESS THE CONTRACTORNENDOR OR A
settlement with the vendor THIRD PARTY PROVIDES SUCH COVERAGE AND THAT THE STATE DOES NOT PAY FOR OR
OTHERWISE PROVIDE SUCH COVERAGE. CONTRACTORNENDOR SHALL HAVE NO Al
5 New Products. All products delivered against this purchase order shall be newly manufactured RIZATION,EXPRESS OR IMPLIED,TO BIND THE STATE TO ANY AGREEMENTS,LIABILITY,OR
and of the manufacturer's current model,unless otherwise specified UNDERSTANDING EXCEPT AS EXPRESSLY SET FORTH HEREIN CONTRACTOR/VENDOR
6 Quality. The State will be the sole judge in determining 'equals' with regard to quality,price and SHALL PROVIDE,AND KEEP IN FORCE,WORKERS'COMPENSATION(AND SHOW PROOF OF
performance SUCH INSURANCE)AND UNEMPLOYMENT COMPENSATION INSURANCE IN THE AMOUNTS
REQUIRED BY LAW,
AND SHALL BE SOLELY RESPONSIBLE FOR THE ACTS OF CONTRAC
7 Warranties. All provisions and remedies of the Uniform Commercial Code relating to both implied TOR/VENDOR,ITS EMPLOYEES,AND AGENTS
and expressed warranties are herewith referred to and made a part of these Terms and Conditions and
are in addition to any warranties stipulated in the specifications 15 Communication. All communications,including reports,notices,and advice of any nature,con-
cerning administration of this purchase order,prepared by vendor for the state agency's use,must be
8 Inspection. Receipt of products or services in response to this purchase order can result in autho- furnished solely to the Purchasing Agent within the agency purchasing office
razed payment on the part of the state agency Final acceptance is dependent upon completion of all
applicable inspection procedures Should the products or services fail to meet any inspection require-
ments the State may exercise all of is rights, including those provided in the Uniform Commercial bidder agrees that in the event of inconsistencies or contradictions,the terms and conditions of the
Code solicitation accument shall supersede and control over those contained in the bidder's form(s)regard-
9 Cash Discount. The cash discount period will start from date of receipt of acceptable invoice,or less of any statement to the contrary in a bidder form(s)
from aae,of receipt of acceptable products/services at the specified destination by an authorized 17 Compliance with Laws. Bidder agrees to comply with all applicable federal and state laws,regu-
agency representative,whichever is later lations and policies,as amended,including those regarding discrimination,unfair labor practices,anti-
kickback and collusion
10 Taxes. The state agency as purchaser,is exempt from all federal excise taxes under Chapter 32
of the Internal Revenue Code[Na 854-730123K]and from all state and local government use taxes 18 Americans with Disabilities Act(ADA)Requirements. If this solicitation contemplates the pi
[C R S 39-26-114(a)and 203,as amended] Tax exempt numbers for the specific state agency may Sion of state services to the public,the vendor shall,in addition to any other requirements under Title If
be found elsewhere in this document Vendor is hereby notified that when materials are ourchased for of the Americans w-th Disabilities Act,comply with the Title II requirements of the Americans with
the benefit of the State,such exemptions apply except that in certain political subdivisions(for example Disabilities Act regarding the accessibility of the State's services and programs,as an explicit require-
- City of Denver)the vendor may be required to pay sales or use taxes ever though the ultimate prod- ment The vendor assures that,at all times during the performance of any resulting contract,no quah
act or service is provided to the State These sales or use taxes will nct be reimbursed by the State tied individual with a disability shall,by reason of that disability,be excluded from participation in,or be
11 Prompt Payment. State law ano regulations provide that vendors wilt be paid within forty-five denied benefits at,services,programs,or activities performed by the vendor for the benefit of the State
days after receipt of products or services and a cc:root notice of amount due unless otherwise agreed 19 Insurance. The contractor shall obtain,and maintain at all times during the term of this purchase
to by contract or sperial cortailions of the purchase order A Slate liability not paid within forty-five order,insurance as specified in the solicitation,and shall provide proof of such coverage
days is considered delinquent and unless otherwise agreed to,interest on the unpaid balance shall be 20 Venue. The laws of the State of Colorado,U S A shall govern in connection with the formation,
paid beginning with the forty-sixth day at'he rate of one,percent per month on the unpaid balance until performance and the legal enforcement of this purchase order Further,24 C R S 101 through 112,as
paid in full A liability shall not arise if a good faith dispute exists as to the agency's obligation to pay all amended,and Rules adopted to implement these statutes govern this procurement
or a portion of the liability Vendors shall invoice the State separately for interest on delinquent
amounts due The billing shall reference the de-,rquent payment,the number of days interest to be
paid and the applicable interest rate [Ref Sec 24-30-202(24),C.R S,as amended