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1. PREPARATION
AND SUBMISSION OF BID.
a.
Failure to examine any drawings, specifications, or instructions
will be at the bidder's risk.
b. BID SUBMITTAL / SIGNATURE: Bid shall give the full
name and business address of the bidder. If the bidder is a
corporation, the name shall be stated as it is in the corporate
charter. Bids must be signed in ink by the bidder's authorized
agent. Unsigned bids will be rejected. Bids are to be sealed
and the outside of the envelope is to reference the bid number.
The person signing the bid must show his title, and if requested
by the institution, must furnish satisfactory proof of his or
her authority to bind his or her company in contract. Bidder
understands that by submitting a bid with an authorized signature,
it shall constitute an offer to the institution. Bids must be
typewritten or in ink; otherwise they may not be considered.
Purchase orders will be issued to the firm name appearing on
the bid.
c. Bids are to be received in the location designated
on the bid no later than the specified date and time. Late bids
will NOT be opened or considered.
d. No erasures permitted. Errors may be crossed out and
corrections printed in ink or typewritten adjacent to error
and must be initialed in ink by person signing bid.
e. Discounts other than "Time" or "Cash"
offered should be deducted from the unit price.
f. Specifications: Reference to available specifications
shall be sufficient to make the terms of the specifications
binding on the bidder. The use of the name of a manufacturer,
or any special brand or make in describing an item does not
restrict the bidder to that manufacturer or specific article,
unless specifically stated. Equal products of other manufacturers
will be considered if proof of equality is provided as part
of the bid. Bidders are required to notify the Institution's
ITB Buyer whenever specifications/procedures are not perceived
to be fair and open. All suggestions or objections shall be
made in writing and received by the ITB Buyer at least three
(3) working days prior to the bid opening. The articles on which
the bids are submitted must be equal or superior to that specified.
Informative and Descriptive Literature: The bidder must show
brand or trade names of the articles bid, when applicable. It
shall be the responsibility of the vendor, including vendors
whose product is referenced; to furnish with the bid such specifications,
catalog pages, brochures or other data as will provide an adequate
basis for determining the quality and functional capabilities
of the product offered. Failure to provide this data may be
considered valid justification for rejection of bid.
g. Samples: Samples of items when called for, must be
furnished free of expense, and if not destroyed will, upon vendor's
request be returned at the bidder's expense. Each sample must
be labeled with the bidder's name, manufacturer's brand name
and number, bid number and item reference.
h. Time of Performance: The number of calendar days in
which delivery is to be made after receipt of order shall be
stated in the bid and may be a factor in making an award, price
notwithstanding. If no delivery time is stated in the bid, bidder
agrees that delivery is to be made within two weeks (10 business
days) or mutually acceptable delivery date after receipt of
order.
i. Transportation and delivery charges should be included
in the price and be fully prepaid by the vendor to the destination
specified in the bid. Bid prices shall include delivery of all
items F.O.B. destination. In certain situations institution
may authorize 'prepay and add freight to the invoice'.
j. New materials and supplies must be delivered unless
otherwise specifically stated in the bid.
k. Alternate/multiple bids will not be considered unless
specifically called for in the bid.
l. Bond requirements. The institution reserves the right
to require that the selected vendor post a performance and/or
payment bond in such amount as deemed reasonable by the institution.
Any bond requirement should be included in the bid, itemized
separately.
m. Only bids submitted on bid forms furnished by the
institution will be considered, except the institution may consider
telephone, faxed or electronically (email) submitted bids for
purchases totaling less than $25,000 if received by the bid
deadline and confirmed in writing.
n. By signing this bid where indicated, the bidder agrees
to strictly abide by all state and federal statutes and regulations.
The bidder further certifies that this bid is made without collusion
or fraud.
o. Failure to Bid/Error in Bid. Failure to bid without
advising the Institution that future invitations for bids are
desirable may result in removal from Institution's bidders'
list covering this category of items. In case of error in the
extension of prices in the bid, the unit price will govern.
Late bids will NOT be opened or considered. Bidders are cautioned
to verify their bids before submission, as amendment received
after the bid deadline may not be considered. No bid shall be
altered, amended or withdrawn after opening. After bid opening,
a bidder may withdraw a bid only when there is obvious clerical
error such as a misplaced decimal point, or when enforcement
of the bid would impose unconscionable hardship due to an error
in the bid resulting in a quotation substantially below the
other bids received. Bid withdrawals will be considered only
upon written request of the bidder.
2. INSPECTION.
All bids will be publicly opened and are made available for public
inspection before the award. Bidders may be present at bid opening.
3. ACCEPTANCE AND AWARD. The Institution reserves the right
to reject any and all bids and to waive any informality in bids
and, unless otherwise specified by the bidder to accept any item
in the bid. Action to reject all bids shall be taken for unreasonably
high prices, errors in the bid documents, cessation of need, unavailability
of funds, or any other reason approved by the Tennessee Board
of Regents.
a. Contracts
and purchases will be made with the lowest, responsible and
responsive bidder. The quality of the articles to be supplied,
their conformity with the specifications, their suitability
to the requirements of the Institution, cash discount offered
and the delivery terms will be taken into consideration.
b. The Institution reserves the right to order up to
10% more or less than the quantity listed in the bid.
c. If a bidder fails to state a time within which a bid
must be accepted, it is understood and agreed that the Institution
shall have sixty (60) days to accept.
d. A written purchase order mailed or otherwise furnished,
to the successful bidder within the time period specified in
the bid results in a binding contract without further action
by either party. The contract may not be assigned without written
Institution consent.
e. If the appropriate space is marked on the bid, other
state institutions of higher education may purchase off the
contract during the same period as the Institution.
f. Vendor must be registered bidder with the institution
before a purchase order is issued.
4. DISCOUNT
PERIOD. Time in connection with discount offered will be computed
from the date of delivery at destination, or from the date correct
invoices are received, whichever is later.
5. DEFAULT OF SELECTED VENDOR. In case of vendor default,
the Institution may procure the articles or services from other
sources and hold the defaulting vendor responsible for any resulting
cost.
6. INSPECTION
OF PURCHASES. Articles received which are not equivalent will
not be accepted and will be picked up by the vendor or returned
to vendor, shipping charges collect. Institution shall have a
reasonable period in which to inspect and accept or reject materials
without liability. If necessity requires Institution to use nonconforming
materials, an appropriate reduction in payment may be made.
7. TAXES.
Institution is tax exempt; do not include taxes in quotation.
Vendors making improvements or additions to, or performing repair
work on real property for Institution are liable for any applicable
sales or use tax on tangible personal property used in connection
with the contract or furnished to vendors by the state for use
under the contract.
8. NONDISCRIMINATION.
The Institution and bidder agree to comply with Titles VI and
VII of the Civil Rights Act of 1964, Title IX of the Education
Amendments of 1972, Section 504 of the Rehabilitation Act of 1973,
Executive Order 11,246, the Americans with Disabilities Act of
1990 and the related regulations to each. Each party assures that
it will not discriminate against any individual including, but
not limited to employees or applicants for employment and/or students,
because of race, religion, creed, color, sex, age, disability,
veteran status or national origin.
9. PROHIBITIONS/NO
VENDOR CONTRACT FORM/TENNESSEE LAW/AUDIT. Acceptance of gifts
from vendors is prohibited. TCA §12-3-106. Bidding by state
employees is prohibited. TCA §12-4-103. The bidder warrants
that no part of the total contract amount shall be paid directly
or indirectly to any officer or employee of the State of Tennessee.
The contract documents for purchase under this bid request shall
consist of the successful bidder's bid and the Institution's purchase
order. Bidders may not require any other written contract terms
or conditions, nor may any other terms and conditions be imposed
by means of subsequent documents, such as invoices, warranty agreements,
license agreements, etc. Should the bidder request exceptions
to terms and conditions and/or those proposed by the bidder vary
from the bid and Institution Policies and Guidelines, Institution
may render the bid unresponsive and subject the bid to rejection.
The contract shall be governed by Tennessee law. For all awards
other than for a firm, fixed price, vendor shall maintain books
and records for a period of three (3) years from final payment,
and these records shall be subject to audit by the State.
10. PURCHASING
POLICIES/BID PROTESTS. This bid request and any award made
hereunder are subject to the policies and guidelines of the Tennessee
Board of Regents and Institution. Bid protest procedures available
at (http://procurement.mtsu.edu/)
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