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VE,ICCR PLEASE RE THIN T^ESETERMS Ar,"TO C'CNCIT;CNS FOR Y:UR FUTURE REFERENCE
<br /> INh/ITATiCN FOR SID (IFS)/REQUEST FOR PROPOSALS (RFP)TERMS AND CONDITIONS
<br /> 1 Late 3idsiProposars '.ATE 3ICSlPRCPCSAL3 Yl!'_NCT BE ACCEPTED CR C0r•jS1CcPED.It S ha 8 Bid Accectanca lCtltgahon -re State of Coleraeo reserves trio r;grt•c alec:ary or tilt ad-,a-d to
<br /> r^StprSic�nr/c the CiCcencrOccser iheren e`er tipper,'C?insure;hal're b.CJCm_COsal(herein attar bid)arrres ntcrmatrt'es and m•ncr r^gtion:es n Dies reComed arc to accept ail or ary 9cr.;cn cif•ne Od,0 Ce=r-ee me
<br /> prior•o tie'my and at'rig;lace nc.cared n;re cid.'eieoncne or;aaimde razconses•will not to acCected test rterest cif trio State arc nct contrary to'aw This cid:mCres no Ot icaticn on;he part or•he;:ate agency•e
<br /> unless;o stated n:he tid pav ary COSTS ncured n'Me orecaaccn Cr the Submission of such bids.Or•o ourchase or contact'cr pr,QuCs
<br /> ?Scec:ficationtc SOeC:•CanCnS are provided'a dentxy he prdduCJservic9 recuirod and to estatash an accact- Cr Services.nor CCes;he state agenciys silence imory arty acCoptarca or relecu0n et ary oiler
<br /> able puaiiry'evN Bids::n products of equal quality and..sabikry will-.cmal!v to,sansicared unless otherwise 9.Evaluation and Award.=r 1 ccmpetarve sealed bid award,-it to mace'a the IC'w responsive arc resccns.
<br /> salad The State will to the x:e ucge n Cetem•nog-et,als-n regard:a gtalir/and-esftrmarce.Samples of tie cicder.For a competitive sealed proposal award wail be maite:o the resccnswo ant resccnsit:e cri whose
<br /> prCCLC:(S),wmiln secured,must to'urrished free of excerse to the state agency,and f net destroyed by rests proposals batemned to to most act antagecus:o trio State,puce and Other factors COnsterec.n apoorearce
<br /> may-icon request made at:Ms tirr i the samris s lumisred,be returned at the bidder's expense.Failure to fur- with:he cetera described n trite RF?
<br /> ^isn brocures.=eclicaucrs,andor samples as regtested may be sufft.ent cause to Consider a bid non- 10 Protest.A Protest of g g /
<br /> responsive. p any portion of this soli tatiCn must_e submitted to the soiichr, 3 a enc,n accordance
<br /> with hide 24.Artice IC9.C.R.S.as amended.Bidder must submit relevant documents.axniCits or other eviceres
<br /> 3 Information Required.Bidders shad'urniblh ad The nfcrnaaon required and are expected to examine:he with In seven M workrg cays after tecomng aware Of the facts giving rise to the protest.
<br /> Cawngs,Spec:catidrs sctieCua of Celrver/and all ns:r:ct:cns.Should:he bidder find any part Of the:rated 11 Valid Contract The,^,ate agency•xdl not to••espcnsibje'or any prccuctS cewerec Or services cerfcrmed
<br /> scec3Katicrs or:erns and cOnCit:cr,s:d be C.=apart,rccrnplete Or Ct`erMse questionable in ary rescect t prior t0 issuance of a pur0.hasa order signed by an authorized representative Of the State a^yenc/S pLrG^asn^y
<br /> snail ce the respcns.Cdity ct he cidcer to call SLCh maners'a;re arter,ticn of the purcriasog agent•rimer wou department-or a contact Slgrec by a duty aLthorred recresentarve of she State agerc/
<br /> Failure to Co So will be at trio b;gde9 risk AnerdmeW.'c'his bid wul to ottiaal Onfv furnished,•n•writing,„/aria
<br /> state agency Purchasing office.3tocers sncukt not rery cn verbal statements that aaer any Specification cr Other 12.Vendor Forms•In;he event tiCcefs form(s)or par,(s)of forms are educed as an antic men:,(s),bidder
<br /> term or Condition of the O.d. agrees Chat. n the event Of ncCnsistenc:es Or contradictions.the terms and CcrC ticrs Of trig solicitation too'r
<br /> a Producs/Services Provided The biCCer shall tumisn ha products anchor serv,cas n strict accordance•rath ment shall supersede and control war those cortaned.n the bidder s bm(s)regardless cif any staterent:o ire
<br /> ccrtary.n a tiCder form(s).
<br /> trig scecdicahcns,aro at he once set forth for each•ten.!n case of error n gxter On.the unit once will prevail.
<br /> All proeucz quoted shall be newt'manufactured and Of he manufacri.'rer';s current model,unless cherwmse 13.Waste Reduction.The Slate desires and encourages that bids be submrned on rec/ced pacer,pm(ed on
<br /> saecdied. both sides.While the acCearanca of bids and professional presentation s wripertant,the use of non-recycaUe
<br /> 5.Bid Return Format.IF3 and RFP•espcnses snarl be submitted in a sealed erxewce in accordance with Me or non-rec/Ced glossy racer is Crsccuraged.
<br /> ns:rucions in the IFB or RFP The F3 or RFP number and the Opening date and time should be wrten n the ia-ICentHfcatlon ch
<br /> .In the event arty article sold or delivered under this Purchase orders Covered tv any patem.
<br /> 'ewer!aft comer of the envelope.It the aid package:s:cc large to be retuned in a Sid envelope,a bid errretcta ccpyrrgM trademark,or acclirat:on t herecy,the vendor will indemnity and hold harmless Me State d Coloradoshould to affixed To the outside ofthe sealed Od package. from any and ad loss.Ccst expenses and legal tees an account of arty claims,legal actions,or judgements on
<br /> account of manufacture,sale Or use of such aniCa in violation,infringement or Me like of nghts under such patent.
<br /> 6 Valid Bid Period.No bid shall be mthdavm'or a perod of less than sixty(60)calendar days sutsequerd:o copyright trademark or application.
<br /> the Opening Of the bids,unless otherwise slpLlated.
<br /> 15.Mincnry-awned Business Enterprise(MBE)Participation.It is he intent of The State to meet:he 17 7 Discounts Notwithstanding the fact that a bank is provided for a cash discount discounts offered for payment MBE business participation goal set by Governors Executive Order#COSS-67.MBEs are encouraged to par.
<br /> within less than thirty(20)calendar rays win not be considered in evaluating offers for award,unless wherwisa tcxpate as prime contactors.Subcontractors andor suppliers.AcoerCngly,direct bidding from,and joint van-
<br /> stipulated.Discounts of:ass Man Thirty(30)calendar days will be taken d payment ismade within Tie discount turd proposals including•minority-owned businesses are strongly encouraged A successful bidder must Oom-
<br /> Period.even though not considered n evaluation of the pid.The term Prdx is not Considered to meet the requua- plate a vendor MBE participation status forth,including subcontractor/supplier paftic paton status,before a cal
<br /> ments of the 30 day criteria as noted abom tract,an be f nal¢2d.
<br /> PURCHASE ORDER TERMS AND CONDITIONS
<br /> 1.Ctfer/Acceptance.It the purchase order refers to your bid Merit the purchase order is an ACCEPTANCE of urlb"bans due to the student ban derision of the department of higher eduCatwn;(d)owed amounts required
<br /> your OFFER TO SELL in accordance with Me tertms and conditions of the IFBMFP,as stated in your bid If no to be paid to the unempkyment compensation fund:and(a)other unpaid debts owing to he state or arty agency,
<br /> bid is referenced the purchase order is an OFFER TO BUY.subject to your acceptance,which Can be demon- thereof,the amount of which o lound to be owing as a result of final agency determination or reduced to judg-
<br /> strafed by your performance of She purchase order or by a formal acknowledgement Any COUNTER-OVER merit as certfied by tie controller.
<br /> TO SELL is o ly tn tna cons ell as CANC'c 1ATLCN of M s
<br /> e purchase order tin ass a change order s ued
<br /> Cunte
<br /> accepting a counter offer. 13.Assignment Except for assignment of antitrust calms and accounts receivable,neitherh
<br /> i party to e contract
<br /> may assign any pon=Of he agreement without the prior written consent at the other part}t Vendor and State
<br /> 2.Safety in}ormaticim Ad chemicals,equipment and materials proposed ar for used in the performance of this recognize That cn actual eecnanic practice,antitrust violations Ultimately impact Me purchaser.Therefore,vendor
<br /> purchase Oros(must conform to the standards required by the William-Steiger Occupational Safety and Health hereby assigns to the State arty and act claims IT may new have or hereafter acquire under federal er state antitrust
<br /> Act Of 1970.Bidders must furnish ad Material Safety Data Sheets(MSOS)far any regulated Chemicals,equip- laws relating:o the Particular products or services purchased or acquired by the State of Colorado pursuant to
<br /> ment or hazardous materials at the time at delivery. this purchase order-Assignment of anti-trust and accounts receivable may be made only with written notice to
<br /> 3.Changes.The vendor agrees to furnish the products and/or services in strict accordance,wih the spechca- the States
<br /> tions,and at the Once set forth for each item.Nothing in the purchase order may be added to modified.super- 14.Indemndication,In Ms event any artic%sold or delivered under this purchase order is covered by any patent
<br /> ceded or otherwise altered except in wring signed by an authorized representative of he state agency put- Copyright.trademark or application therefor,he vendor will indemnify and hold harmless he State of Colorado
<br /> cmasng office and admovneCged by the vendor.Each shipment received or service Performed shall be only upon from any and ad Ics&oosst expenses and legal fees on account of arty darns,legal adxxt5,or W4ements on
<br /> the terms contained In the purchase order,notwithstanding any terms that may be contained in any invoice or account of manufacture sale or(tie Of such article in vidatron,infringement or the tke of rights under such patent
<br /> ether act of vendor other than acknowledgement of a wrtten change order to Me purchase order. cpynght Ifaderark or application.0 this purchase order is for services,to the extent autnorved by law.Me ocr>-
<br /> 6.Delivery.In its acceptance of arty quotation offer,the state agency is relying on the promised deiWry date, tractor shall nderrmi,save,and hold harmless the State,its employees and agents,against arty and ad carl
<br /> installation,or service perramance as material and basic to its acceptance.In the event of vendor's failure to dames•5°b3y and court awards ndufxhg costs,expenses.and attorney tees incurred as a result of any act
<br /> dealer or perform as and when promised,the state agency reserves the right to cancel its order,or arty pan or ornission by the vendor,or its employees,agents.subddntractdrs or assignees pursuant to the terms of his
<br /> thereof,without prejudice to its other rights,and vendor agrees That the state agency may return all or part carry Purchase order
<br /> shipment so made,and may charge vendorwrM arty loss or expense sustained as a result of such failure to deliv- 15.Independent Contractor.THE CONTr'i'ACTCR/VENDOR SHALL PERFORM n DUTIES HEREUNDER
<br /> er or perform as promised Settlement of a purchase order terminated for convenience of the State not irvoNing AS AN INDEPENDENT CONTRACTOR AND NOT AS AN EMPLOYEE NEITHER THE CONTRACTOFLVEN-
<br /> delay or ate delivery,may be resolved by negotiated agreement In such rases.every effort will be made to ream OOR NOR ANY AGENT OR EMPLOYEE OF THE CONTRACTORNSNOCR SHALL BE OR SHALL BE
<br /> a tar and prompt settlement with the vendor. DEEMED TO BE AN AGENT OR EMPLOYEE OF THE STATE CONTRACTCPNENDCR SHALL PAY WHEN
<br /> S.New Products.Ad pmducs defiv'rle'd agantst this purchase order shad be newly manufactured and of the DUE ALL REQUIRED EMPLOYMFMTAXES AND INCOME TAX WITHHOLDING INCLUDING ALL FEDERAL
<br /> manufactu:refs Current moc ei,unless otherwise specified. AND SW cc INCOME TAX AND LOCAL HEAD TAX ON ANY MONIES PAID PURSUANT TO THIS CONTRACT,
<br /> CONTRACTORNENDOR ACKNOWLEDGES THAT THE CONTRACTOR/VENOCR AND ITS EMPLOYEES
<br /> 6.Quality.The State will trio the sole judge in detemnog'equajs'with regard to quafdy,price and performance. ARE NOT ENTITLED TO UNEMPLOYMENT INSURANCE BENEFITS UNLESS THE CCNTRAC,ORNENCOR
<br /> 7.Warranties.An Provisions and remedies of the Unlar m Commercial Code relating to both implied and CR A THIRD PARTY PROVIDES SUCH COVERAGE AND THAT THE STATE DOES NOT PAY FCR OR OTH-
<br /> excressed warranties are herewith referred to and made a pan at Mesa Terms and Conditions and are in addin ERWISE PROVIDE SUCH COVERAGE CONTRACTOWVENOOR SHALL HAVE NO AUTHCRIZATION
<br /> bon to any watrartues st.-pulared in the spec fixations. EXPRESS OR IMPLIED TO BIND THE STD TO ANY AGREEMENTS,LLiBILTiy,OR UNDERSTANDING
<br /> 8.Inspection.Receipt of Products or sepurchaseoes In response to this purchase order can result n authorized pay- EXCEPT AS EXPRESSLY SET FORTH HEREIN.CCNTRPCTORIVENOCR SHALL PROVIDE AND KEEP IN
<br /> FORCE WCR10=R5 COMPENSATION(AND SHOW PROOF OF SUCH INSURANCE)AND UVENPLG I-
<br /> ment an he par,of he state agency.Final acceptance is dependent upon completion of ad applicable inspection MENT COMPENSATiCN INSURANCE IN THE AMCUNTS Required BY LAW,AND SHALL BE SCLELY
<br /> procedures Should he products a services fad to most arty Commercial
<br /> Coca.
<br /> requirements he State may exercise all RESPCNSIBLE FOR THE ACTS CIF CONTRACTOFWENCOR,tTS EMPLOYEES.AND AGENTS.
<br /> d its rights,including those pxovked in he Uniform Commercial Cope.
<br /> 16.Communication.Ad Communicatlons. including reports,notices,and advice of arty nature.Concernng
<br /> 9 Cash Discount The cash discount pencd vnd start from date of receipt of acceptable invoice,or from date of administration at this purchase order.prepared by vendor for the state a en receipt Of acceptable Produas(services at the specified destination Ly an authored agency representative, he Purchasing ant within the agency S cys use,must be tumished coley to
<br /> wnxYmever is later. g Agent g ncy purchasing otfice-
<br /> 10.Taxes.The stale a as 17.Vendor Fame-In the event bidders form(s)or part(s)of toms are Included as an attachmem(s),tuber
<br /> gency purchaser.is exempt from all federal excise taxes under Chapter 32 of the agrees that in ha event Of inconsistencies or contradictions the terms and conditions of he sclicaati n document
<br /> internal Revenue Code[No.&t-730123K]and from all state and local government use taxes(C.R.S.39-2E 114(a)and 203.as amended).Tax exempt numCers for he specific state agency may be found elsewhere shad supersede a and Ccrttrcl w th
<br /> ose ose Contained n the bidder's ferric)regardless of a wry statement:a•me cer-
<br /> in;Cis trary a bidder nd co.
<br /> document.Vendor is hereby notified that when materials are purchased br the benefit of Me State,such exemp-
<br /> tions apply except that n Certain political subdivisions(for example-C:;y of Carver)the vendor may to required 18.Compliance wrth Laws.Bidder agrees to campy with ad applicable federal and state laws.requAt.cns and
<br /> To pay sales or use taxes_wen though,he ultimate Product or servce is provided to the Stara These sales or use pOLGes.as armed•rc!uding those regarding discrimination.unfair labor practices,antJodk-bark and COdusicrt
<br /> 'axes will net be rerntursed Vy the State. - 19.Americans with Disabilities Act ADA( )R egUlrermentA 1}his SOGCitdtipr contemplates the provision of state
<br /> 11 Prompt Payment Stare taw and regulations provide that venders will be paid within'arty-five days after receipt services to rig Pudr,Me vendor shad,n aCdrtxcn tc arry ather requirements under rtie 1 1 ct the Amercans with
<br /> Ct products cr services and a correct notice of amount Cue,unless Otherwise agreed to by contact or Special con- Cxsabildies Act comply with the Ttle 11 requirements of the Americans with Disabilities Act iegarerg:re aces
<br /> Orions Of the purchase order.A Sate riaCiWy net pad within Iery-live days is Considered deinCuent and,unless sibdity of the Stara's services and programs,as an explicit requirement.The vendor as5Lres that at ad:mes dur-
<br /> ctherwise agreed•o,interest an the unpad balance shad be paid beginning with time fe wry-s m day at the rate of np oho pedcmarhce of any resulting Contract,no qualified:n ividualf-Amh a disability shad by reason of that r-
<br /> une percent per month on the unpaid balance until paid In fun-A:iat ity shad not arise A a good faith dispute exists ability•be a:CuCed'rorm Participation n,or be denied benetrts of,services,programs.or activities Wrtmed by
<br /> as to the agent's CCI-gaDo n to pay al or a per,=of he Iiacility.Vendors snail novice the State separately for rater- he vendpr'dr the benefit of the State.
<br /> est Cn delinquent amounts due.The ailing shad reference the delinquent payment the number of days Interest to 20.Insurance.The contractor shad obtain,and mantas at ad tines during the term at this ourItase order.Pur-
<br /> ee paid and 7-0 acclicaCle interest ace.(Rat.Sac 24-30-202(24),C.R,S-,as amended-) ance as soecdied in the solicitation.and shad provide proof of such coverage.
<br /> 12.Vendor Offset Pursuant to CPS 24-30-222.4(as amended),the state ocntreder may vvrthOli d debts owed 21.Venue.The laws of he State Of Colorado.USA shad governi In Connecxon with the formation,,^,er'orthance
<br /> to state agencies under the vendor offset intercept system for:(a)unpaid child support debt Or Child Support and the legal anfofcement Of his purchase order.Further,24 C.R.S.101 through 112,as amended.and Rues
<br /> arrearages;hI unpaid balance Of tax,accrued rterest.or Other charges scecFeci n Amite 22.T'dis 39.CPS.(c) adapted to whplement Mesa statutes;govern this procurement.
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