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-� -%an r lL-=roc nc l rrtly i ncJt )tfiN1S AND CONDITIONS FOR YOUR FUTURE REFERENCE
<br /> INVITATION FOR BID (1FBVREQUEST FOR PROPOSALS (RFP)TERMS AND CONDITIONS
<br /> 1 (.ate Bids/ProPosals LATE BIDS/PRCPCSALS WILL NOT BE ACCEPTED OR CONSIDERED.It is the 8 Sid Acceptance/Obligation Tne State of Colorado reserves the right to reject ary Or all bids and to wave
<br /> resccrstbilny Of the bidcedproposer(herein after bidder)•o ensure that the bxd/orcrosal(herein after bid)arrives intcrrmalities and minor irregularities in bids received and to accept ail or any paricn Of the bid,if deemed.n;ne
<br /> prior to the rime and at:no place incicated n the bd.Telephone or facsimile responses will not be accepted best interest of the State and not contrary to!aw.This bid implies no Obligation cn the part d the stale agenC!t0
<br /> unless se.stated!n the bid. pay arty Costs incurred inthe preparation or the submission of such bids.or to purchase or contract.or products
<br /> 2.Soecilications.Specit:catidns are prcvided:o identify the prOduC•Jservtce required and to establish an accept• or services.nor does the state agency's silence imply any acceptance or rejection of ary offer
<br /> • able quality level.Bids on products of equal quality and usability will normally be considered unless otherwise 9.Evaluation and Award.For a competitive sealed bid award will be mace to the low responsive and resccns�
<br /> stated.The State will be the sole vOge in determining'equals'in regard to quality and performance.Samples of ble bidder.For a CompetiWe sealed prCPCsai award will be made to the responsive and responsible oftercr whose
<br /> procl=(s),when required,must be fumished free of expense to the state agenef.and it not destroyed by tests proposal is determined to be most advantageous to the State,price and Other factors ccnsdereC,.n accordance
<br /> may upon request made at the time the sample,s furnished,be returned at the bdder's expense.Failure to tur. with the crrtena described in the RFP.
<br /> nish brochures,specdcaticns,and/or samples as requested may be suffc.ent cause to Consider a bid non-
<br /> responsive. 10.Protest A protest of any portion Of this solicitation must be submitted to the solicit1m93 agency,in accordancs
<br /> with Title 24,Artie!e 1C9.C.R.S.as amended Bidder must submit relevant documents,exhibits or other evidence
<br /> 3 Information Required Bidders shall furnish all The information required and are expected to examine the within seven(7)working days after becoming aware of the facts giving rise to the protest.
<br /> drawings.spec;icatiens,srheduie of delivery and all nstnstlOns.Should me bidder find any part of me listed
<br /> srecitxcations Or terms and CerditlOns!O be discrepant,incomplete Or Other ivise quest] able n arty,respect,it 11.Valid Contract The stare agency will not t>9 respcnsfide for any products delivered or services per ierned
<br /> small be the responsibility of the oidder to call suon matters to one attention of the purchasing agent immecfiate prior to issuance of a purchase order signed ty an authorized representative of the state agency s Purchasing
<br /> Failure to do so will be at the bidder's risk.Arnercments to this bid wad be official only furnished,n wnhn y deparumerit or a COnt1aC.signed ty a duly authorized representative of tine state agency
<br /> g.tythe
<br /> state agency purchasing Office.84Cers shoulo not rely on verbal statements that alter any specdication or other 12.Vendor Forms.In the event bidder's form(s)or part(s)Of forms are included as an artachments(s),bidder
<br /> term or condition of the bid. agrees that,in the event of inconsistencies or contradictions,the terms and conditions of me solicitation occur
<br /> 4 Products/Services Provided.The bidder shall furnish the products and/or services in strict accordance with ment shag supersede and Control over those contained n the bidder s form(s)regardless of arty statement to g•e
<br /> the specifications.and at me price set forth for each item.In case of error in extension,the unit price will prevail, contrary in a bidder brin(s).
<br /> All products quoted small be newly manufactured and of the manufacturer's s Current model,unless otherwise 13.Waste Reduction.The State desires and encourages that bids be submitted on rec-Iced paper,panted on
<br /> specied. both sides.While the appearance at bids and professional presentation is Important,the use at non-reryCaCle
<br /> 5.Bid Return Format IFS and RFP responses shad be submitted in a sealed envelope in accordance with the Or non-recycled glassy paper is discouraged.
<br /> instructions in the IFB or RFP.The IFB or RFP number and the opening date and time should be WMten in the 14.Idenmification.In the event any article sold or delivered under this purchase order is covered by any patent
<br /> tower left comer of the envelope.It the bid package is too large to be returned in a bid envelope,a bid envelope Collin•tradunhark•or application therapy,the vendor will indemnity and hold harmless the State of Colorado
<br /> should be affixed to the outside at the sealed bid package, from any,and all loss.Cost expenses and legal tees on account of arty claims,legal actions•or judgements on
<br /> 6.Valid Bid Period.No bid shag be withdrawn for a period of less than s account of manufacture,sale or use of such artide in violation,infringement or the idle of rights under such patent.
<br /> the open 'RY(�)calendar days subsequent to Copyright,trademark or application.
<br /> rig of the bids,unless otherwise stipubti:d
<br /> i Discounts Notwithstanding the tic that a dank is provided for a cash tlfisCOunt discounts offered for 15.Minority-owned Business Enterprise(MBE)Participation,it is the intent of the State to meet the 17%
<br /> within ass man thirty + Payment MBE business participation goal set by Governors Executive Order f1C055.67.MBEs are encouraged to par-
<br /> ity(0)Calendar days will not be cons dared in evaluating offers for award unless otherwise wipate as prime contactors,subcontractors and/or suppliers.Accordingly,direct bidding from,and pant ven-
<br /> stipulated.D xx;ms Of Less man they(30)calendar days will be taken it payment is made within the discount ture proposals including,minority owned businesses are strongly encouraged.A successful bidder must com.
<br /> though
<br /> period.even thou not considered inevaWaucn of the bid The term Prox is not considered to meet the require- plate a vendor MBE participation status forth,including subcontractorlsuppW pamcipatidn s ments of the 30 day crtena as noted ahova. tract Can be finalaed tatus,before a oon-
<br /> PURCHASE ORDER TERMS AND CONDITIONS
<br /> 1.ONedAcceptancs.M the purchase order riders to your bid than the purchase order is an ACCEPTANCE of unpaid loans due to the student ban division of the department of higher education:(d)Owed amounts required
<br /> your OFFER TO SELL in accordance with the terms and conditions of the IFB/RFP,as stated in your bid If no to be paid to the unemployment compensation hind:anal(a)other unpaid debts awing to the state or any 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 is burl to be owing as a result of final agency determination or reduced to pdg.
<br /> stiated by your performance of the purchase order or by a formal adcnowtedgerrent Any COUNTER-OFFER ment as Certified by the controller.
<br /> TO SELL Is automatically`Constved as CANCELLATION of the Purchase order unless a change order is issued
<br /> accepting a counter offer. 13.Assignm*1ftL Except for assignment of antitrust claims and accounts receivable,neither party to the contract
<br /> 2 Sate Intortrotion All chemicals. may assign any portion of the agreement wNhout the prior written Consent of the Other party Vendor and State
<br /> ty equipment and materials proposed and/or used n the performance of this recognize mat in actual economic pracbea.antitrust violations uMimatey impact the purchaser.Therefore,vendor
<br /> purchase order must conform to the standards required by the Wdliem-Steiger OCCtpational Safety and Health hereby assigns to the State any and all claims it may now have Or hereafter acquire under federal or state antitrust
<br /> Act of 1970.Bidders must lumsh all Material Safety Data Sheets(MSDS)for any regulated chemicals,equip laws relating fO the particular Products or services purchased or acquired by the State of Colorado pursuant to
<br /> ment or hazardous materials at the time of delivery. this purchase Order.Assignment Of anti-bust and accounts reoeivablie may be made only with written notice to
<br /> 3.Changes.The vendor agrees to fumish the products and/or services in strict accordance with the specifica- the State.
<br /> tans.and at the price set form for each item.Nothing in the purchase order may be added to modified.super. 14.Indemnificatiott In the giant any article said or delivered under this purchase order is covered by any patent
<br /> seded or otherwise altered except in writing signed by an authorized representative of the state agency pur- copyright trademark,or application therefor,the vendor will indemnity and hold harmless the State of Colorado
<br /> chasing office and acknowledged by the vendor.Each shipment received or service Performed shag be only upon from any and all foss,cost expenses and legal lees on account of any claims,legal actions,or judgements on
<br /> the terms contained in the purchase order,notwithstanding arty terms that may be Contained in any invoice or account of manula=m sale or use at such article in violation.infringement or the 10 at rights under such patent
<br /> Other act of vendor other than acknowledgement of a wnuen change order to the purchase order. copyright trademark Or appticatan.If this purchase order is for services,to the extent authorized by law.the uori-
<br /> 4.Delivery.In its acceptance of any quotation otter,the state agency is raying on the promised delivery date. factor shad indenmdy,save,and hold harmless the State,its employees and agents,against any and all darns.
<br /> installation,a service pertmilance as material and basic to its axepiance.In the event of vendors failure to damages and court awards ndudng Costs menses and attorney fees incurred as a resit of arty act
<br /> deliver or perform as and when promised the state agency reserves the right to cancel its order,or any part or omission by the vendor,or its;employees.agents.subcontractors or assgnets pursuant to the terms of this
<br /> thereof.without prepdice to its other rights,and vendor agrees mat the state agency may return all or part of any Purchase order.
<br /> shipment so made.and may charge vendor Willi any loss or expense sustained as a result of such failure to defiv- 15.Independent Contractor.THE CONTRACTIORNENDOR SHALL PERFORM ITS DUTIES HEREUNDER
<br /> or or perform as promised Settlement of a purchase order tennnated for convenience d the State not irvodving AS AN INDEPENDENT CONTRACTOR AND NOT AS AN EMPLOYS NEITHER THE CONTRACTtOR(VEN-
<br /> delay or late delivery may be resolved by negotiated agreement in such cases.every effort w8 be made to reach DOR NOR ANY AGENT OR EMPLOYEE OF THE CONTRACTORNENDOR SHALL BE OR SHALL BE
<br /> a far and Prompt settlement with the vendor. DEEMED TO BE AN AGENT OR EMPLOYt=OF THE STATE ODOR SHALL PAY WHEN
<br /> 5.New Products.All PnlduCts delivered against this purchase order shad be newly manufactured and of the DUE ALL REQUIRED EMPLOYMENT TAXES AND INCOME TAX WITHHOLDING INCLUDING ALL FEDERAL
<br /> manutactureds Current model,udess Otherwise specitied. AND STATE INCOME TAX AND LOCAL HEAD TAX ON ANY MONIES PAID PURSUANT TO THIS CONTRACT
<br /> G.Ouslity.The State willto the sob' e n deremvn CONTRACTORNENDOR ACKNOWLEDGES THAT THE CONTRACTORNBVDOR AND iTS EMPLOYEES
<br /> 1 ing'aquals'with regard to quaW,,price and performance. ARE NOT ENTfTLD TO UNEMPLOYMENT INSURANCE BENEFITS UNLESS THE CONTRACTOP/VENDOR
<br /> 7 Warranties.AN provisions and remedies of the Uniform Ccmmerc:W Code relating to both imphed and OR A THIRD PARTY PROVIDES SUCH COVERAGE AND THAT THE STATE DOES NOT PAY FOR OR OTH-
<br /> expressed Warranties are herewith refered to and made a pan at these Terms and Conditions and are in adds- ERWISE PROVIDE SUCH COVERAGE CONTRACTOR/VENDOR SHALL HAVE NO AUTHORIZATION
<br /> tidn to any warranties stipulated in the specifications EXPRESS OR IMPLIED TO BIND THE STATE TO ANY AGREEMENTS,LIABILITY.OR UNOERSTANDING
<br /> a.Inspection.Receipt of Products or services in response to this p�or der ran
<br /> of adult in authorized pay- EXCEPT FOR WORKERS'1EXPRESSLY SET FORTH HEREirL PASS COMPENSATION(AND SHOW PROOF SU OR SHALL PROVIDE
<br /> NSURANCE)ANO�EM<EP IN
<br /> them on the par of the state agency.Fine!acceptance is dependent applicable fnsPectidn MEN7 COMPENSATION INSURANCE IN THE AMOUNTS
<br /> procedures a services Should the products serves fad to meet any inspection requirements the State may exercise ad Required BY LAW,AND SHALL BE SOLELY
<br /> of its rights•including those provided in the Untom Commercial Code. RESPONSIBLE FOR THE ACTS OF CONTRACTORNENDOR,ITS EMPLOYEES,AND AGENTS.
<br /> 9.Cash Discount The cash discount period will start from Cate of receipt of acceptable invoice,or from date of 16.Communication.AD communications,including reports,notices,and advice of any nature.Concerning
<br /> receipt of acceptable p170duct5/services at the specified destination Of an auhori¢ad agency representative, administration Of this purchase order,Prepared by vendor for the state agency's use,must be furnished safety to
<br /> whichever is later. the Purchasing Agent within the agency purchasing office.
<br /> to.Taxes.The state agency,as purchaser,is exempt from ail federal excise taxes under Chapter 32 of the 17.Vendor Fortis_In the event bidders form(s)or part(s)of farms are included as an atachment(s),bidder
<br /> C.RS.39-26- agrees that in the event Of inconsistencies ofcontradictions the terms and conditions of the solicitation document
<br /> 114(a)and 203,as amended).Tax em in numbers for the specific state agency may be found elsewhere this shall supersede and Control war moss contained in me bidders fortn(s)regardless of any statement tome Con-
<br /> Internal Revenue Coda(No.84.730123K)and from all state and local government use taxes(document.Vendors hereby nodded mat when materials are purchased for the benefit of the State,such exemp �r1'in a fodder fortn(s).
<br /> ticns apply enxeept mat in certain political subdivision($or example-City of Denver)the vendor may be required 1 S.Compliance with taws.Bidder agrees to comply with all applicable federal and state laws.feguWtiam and
<br /> to pay sales Or use taxes even enough the ultimate product or service is provided to the State.These sales or use poles.as amended.including those regarding discrmnata%unfair labor practices antill de-back and collusion
<br /> axes will no be reimbursed by the State. 19.Americans with Disabilities Act AGA( )Requirements.d this solicitation Contemplates the provision of state
<br /> 11.Prompt Payment State law and regulations provide that vendors will be pad within forty-five days after receipt services to lie public,the vendor shad,in addition to any other requirements under Title 11 at the Americans with
<br /> of products or services and a Correa ncx a of amount due unless otherwise agreed to by contract of special con- Disabilities Act Comply with the Title 11 requremems of the Americans with Disabilities Act regarding me aces
<br /> Ctius of the Purchase Order.A State liability not pad within forty-live days is considered delinquent anct unless sibdtY Of the States services and programs,as an exptiet requirement.The vendor assures that at all tunes our-
<br /> cmerHise agreed to.interest on the unload balance shag be paid beginning with the forty-sixth day at the rate of rig the performance of any resulting contract,no qualified individual with a disabllily,shag.b-I reason of that dr-
<br /> one percent per month on the unpaid balarhde until paid in fult.A]ability shad not anse if a good faith dispue Maus ability,be excluded from participation in,or be denied benatks of sources,programs o aaiv@es performed by
<br /> as tome agencys obligation to pay all or portion of the liability.Vendors shall novice the State separately for inter- the vendor for the benefit of the States
<br /> ast On delinquent amounts due.The biding shag reference The delinquent payment the number of days interest to 20.Insurance.The contactor shag obtain,and maintain at an times during the term of this purchase order insur-
<br /> ce pad and The aPChcabCle nbrsw rate.(Rat.See 24-30.202(24),C RS,as amended) ante as specified in the solicitation.and shag provide proof d such coverage.
<br /> 12 Vendor Offset Pursuant to CAS 24.30.202.4(as amended),the state COntreder may Withhold debts cared 21.Venue.The laws Of the State Of Colorado.U.S.A.shad g"m in connection with the formation,performance
<br /> to state agencies under the vendor offset intercept system for.(a)unpaid child support debt or child support and the legal enforcement of this purchase order.Further.24 C.FLS.101 through 112.as amended.and Rules
<br /> arearages:(b)unpaid balance of tax,accn ad"West.Or other Charges specified in Article 22.Title 39.CRS:(a) adapted to implement these statutes,govern this procurement.
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