1-2 General Conditions ITB Indefinite Qty Contract.pdf

COMPETITIVE BID INDEFINITE QUANTITY

GENERAL CONDITIONS

INSTRUCTIONS TO BIDDERS: The purchase of any and all supplies, equipment, or services by the Gallup-McKinley County Schools (GMCS), pursuant to any advertisement or request for bids is subject to the following terms and conditions:

1. Sealed Bids: All bids must be submitted via the GMCS Bonfire eBidding portal prior to the time specified as the “closing” of the solicitation on the portal and in the Advertisement for Bids. All bids must be submitted as instructed on the portal. All bids must be signed (electronically) by a responsible and authorized person for the bidding firm; failure to do so may result in disqualification of their respective bid.

NOTE: FAX TRANSMITTAL, ELECTRONIC MAIL (EMAIL), AND HARDCOPY

PROPOSALS WILL NOT BE ACCEPTED. The portal will not allow for submission of bids after the “closing” date and time.

2. Contract Type: The purpose of this solicitation is to establish a requirements contract with firm fixed pricing and delivery from which GMCS may place orders as needed.

3. Contract Terms: This is an indefinite quantity contract. Quantities listed are estimates of the school district's needs for the term of the contract. GMCS does not guarantee the purchase of any specific minimum quantities, nor may any material be shipped or delivered without a valid purchase order number issued by GMCS Procurement Office.

4. Specifications: Specifications, as included in this Bid, are intended to indicate the requirements of the school district and give an accurate description of minimum standards acceptable. All items equal or equivalent to these requirements and standards will be considered, except where otherwise noted.

5. Brand Names: Where a product or brand name is indicated in the specifications, it shall mean "minimum acceptable level or minimum quality required" by the school district unless the specifications state that no substitutions or equivalents are allowed. If the Bidder is offering, as an equal or equivalent, an item other than the one specified then the manufacturer's name and model number of that item must be specified in the offer and sufficient specification and descriptive data provided to permit a thorough evaluation. Failure to provide appropriate information may result in disqualification of the offer.

640 S. BOARDMAN, GALLUP, NM 87301 | 505 -721-1000 | GMCS.ORG

Joel Klemmer Director of Procurement

Senior Procurement Buyer Hugo Cano

Buyers Rebecca Bertinetti Gregory Hudson Breana Kesner

Competitive Bid General Conditions

6. Competency of Bidder: Bids will be considered only from firms which are regularly engaged in providing the type of materials described in the bid and who can provide evidence that they have established a satisfactory record of performance to insure they can execute the requirements as stated herein. Any determination as to competency shall be made by appropriate GMCS staff.

7. Non-Conforming Material: If GMCS issues a Purchase Order and upon receipt the material does not meet the specifications, the school district will return the material freight collect, and at its option cancel the order and recover from the vendor any damages suffered.

8. Substitutions: Any material substituted from that originally bid shall have the prior approval of GMCS before shipping to the school district. If a Purchase Order is issued and upon receipt the material does not meet specifications, GMCS will return the material freight collect, and may at its option cancel the order.

9. Samples of Products: Samples of products offered by the bidder are to be submitted by the bidder upon request of the Board of Education or authorized school officials. Samples may be requested by direct communication or, in certain instances, may be required by the bid specifications. Samples so required or requested must be submitted to the Student Support Center, 640 South Boardman, Gallup, New Mexico 87301, or as directed. Such samples must be labeled with the name of the bidder, designation of the bid for which they are submitted, and the bid item number. All expenses of any nature incurred in submitting bid samples must be borne by the Bidder. The bidder agrees and understands that samples are to be furnished at no expense to the school district. Samples not destroyed or mutilated during testing, inspection or evaluation will be returned upon request by mail, express or freight, collect. GMCS assumes no special or contractual responsibility for the safekeeping of bid samples, although reasonable care will be exercised. All bid samples not claimed or picked up by the bidder within sixty (60) days of the bid award will become the property of GMCS and will be utilized by GMCS as its authorized employees deem proper.

10. Bond: When listed as required in the Special Terms and Conditions, and at the option of the Board of Education, performance, payment, and/or fidelity bonds may be required on purchase contracts or bid awards of $5,000.00 or more. If such bonds are required, an applicable bid bond of not less than five percent (5%) of the bid amount shall be required to be submitted with bid response and shall be detailed in the bid documents. Bid bonds by be in the form of a bid bond, or Cashier’s Check. No Bond is required unless stated in the Special Terms and Conditions.

11. Billing: All goods or services must be billed to GMCS and at prices not exceeding those stated on the Purchase Order. If prices or terms do not agree with your quotation, notify the GMCS Procurement Office immediately.

12. Taxes: Bidders are hereby notified that the Gallup-McKinley County Schools are exempt from all federal excise, state, and city sales tax on most tangible goods.

The Business Office is prepared to furnish all necessary exemption certificates as required, upon request. GMCS will be responsible for the appropriate taxes due but shall not be included in bid price. Taxes shall be shown as a separate amount on invoices at the applicable tax rate.

13. Payment Terms: Payment for tangible goods or services shall be in accordance with §13-1-158, NMSA 1978 as amended. Payment will be issued for undisputed invoices after goods have been received or services have been rendered, thirty

(30) days after receipt of goods or rendering of services.

14. F.O.B. Point: All material shall be quoted F.O.B. DESTINATION/JOBSITE, Freight Prepaid. Bidders are cautioned that quoting material other than F.O.B.

Destination may result in a finding of their bid as non-Responsive. State Statutes do not allow the school district to own tangible goods prior to receiving of said good or payment for services until services have been rendered. All price(s) bid shall be freight prepaid. GMCS will not pay freight charges.

15. Right to Protest: Any bidder, offeror or contractor who is aggrieved in connection with a procurement may protest to the District’s Chief Procurement Officer. The protest shall be submitted in writing within 15 calendar days after the facts of the occurrences giving rise thereto §13-1-172.

16. Protest Bond and Filing of Protest:

a. A Protest Bond in the amount of Eight Hundred ($800.00) Dollars from a surety company authorized to do business in this state, or in the form of a cashier’s check made payable to Gallup McKinley County Schools, or cash shall be included with the timely protest to cover the District’s administrative costs incurred to administer the protest. In the event that the protest is upheld the Protest bond shall be returned to the protesting bidder. If the protest is disallowed, then the protesting bidder will forfeit the bond to the District.

b. Protest must be typewritten: Protests must be in writing and addressed to the Chief Procurement Officer.

c. Contents: The protest shall:

- include the name and address of the protestant

- include the solicitation number

- contain a statement of the grounds for protest

- include supporting exhibits, evidence, or documents to substantiate any claim unless not available within the filing time in which case the expected availability date shall be indicated, and

- specify the ruling requested from the Chief Procurement Officer

17. Payment Or Acceptance Not Conclusive: Vendor will supply GMCS with invoice for payment. No payment made under this contract shall be conclusive evidence of the performance of this contract, either wholly or in part, and that no payment made for the delivery of the items in whole or in part shall be construed as an acceptance of defective work or improper materials, nor relieve the Bidder from corrections of the defects. The final acceptance shall not be binding on the school district, nor conclusive, should it develop that the Bidder has furnished inferior items or had departed from the specifications and/or the contract terms. Should such conditions become evident, GMCS shall have the right, notwithstanding final acceptance, and payment, to cause the item(s) to be properly furnished in accordance with the specifications (and drawings, if any) at the sole cost and expense of the Bidder.

18. Labeling: All items must be labeled in accordance with instructions issued with

Purchase Orders and there shall be NO CO-MINGLING of items within a carton.

Each carton, package or bundle must show the district’s Purchase Order number on the shipping label.

19. Rejection of Delivery: If delivery does not conform to the quantity or quality specified, the GMCS Director of Procurement shall notify the vendor that delivery has been rejected and the vendor shall promptly make satisfactory replacement or supplementary delivery.

20. Installation: Unless otherwise stated in the Bid Scope of Work or Special Terms and Conditions, items specified herein shall be installed by GMCS; therefore, prices bid shall NOT INCLUDE cost of installation of any item. However, the price shall include all costs of assembly of equipment at GMCS Warehouse, or when specified in the bid at a particular school site. All items not conforming to this condition shall be specified in writing by the bidder as a part of their bid. GMCS reserves the right to declare bids non-responsive should the vendor fail to conform to this condition.

21. Quantities: Quantities, where listed, are intended to indicate estimated average yearly usage. They do not constitute an order and actual usage may vary.

22. Total All or None: Material on this Bid will be awarded on a Total All or None basis where indicated. If no responsive all or none offers are received, GMCS reserves the right to award the Bid in whatever it deems to be in its best interest.

23. Method of Award: GMCS reserves the right to award in total or by group of items, based on individual items, or any combination of these which best serves the school district's interests.

24. Award of Contract - Multiple Awards: GMCS reserves the right to make multiple awards as a result of this request if doing so may be advantageous to the school district. Multiple awards may be given to a Primary Bidder, Secondary Bidder, etc.

based on lowest responsive bid per item(s). If the lowest qualified bidder is unable to fulfill and order GMCS reserves the right to cancel the request and order from the next lowest bidder.

25. Purchase Order Required: Material listed, or service requested on this Bid will be ordered as needed. No material may be shipped, or service rendered without a valid GMCS Purchase Order.

26. Contract Renewal: Except when either party shall provide written notice that the contract shall expire on the anniversary date, multi-term contracts shall automatically renew for an additional term, up to the maximum number of terms stated in any Special Terms and Conditions.

27. Month to Month Continuation: After completion of the initial contract term, an agreement may be continued on a month-to-month basis, upon mutual consent of both parties. This agreement may be extended after all renewal terms have expired for a duration, not to exceed six (6) calendar months, for the District to competitively solicit and award the same services.

28. Cancellation for Convenience: GMCS reserves the right to cancel any contract resulting from this request for convenience by giving thirty (30) days written notice to the vendor. The District shall be liable to the vendor for any services provided or material ordered and accepted prior to termination.

29. Cancellation for Cause: If the vendor fails to fulfill any obligation resulting from this contract in a timely and responsive manner, or it the vendor violates any of the terms of this contract, GMCS shall have the right to cancel the contract by giving written notice of cancellation to the vendor. Cancellation of contracts over $3,000.00 annually may cause debarment of a person or vendor to receive invitation for bids or to be awarded a contract for one year.

30. Harassment Policy: All firms, their employees and agents, agree to comply with the Gallup-McKinley County Schools “policy for Prohibition of Harassment, Discrimination, or Violence based on Race, Religion, Sex, Disability, or Age.”

31. Cooperative Procurement Agreement: This procurement is under a Cooperative

Procurement Agreement which includes Gallup-McKinley County Schools, the City of Gallup and McKinley County which may purchase the same item(s)/service(s) listed in this bid. Further, other school districts, state agencies or others allowed by law may utilize this bid as provided by §13-1-129, NMSA 1978 as amended.

GMCS is not responsible for any misuse or misrepresentation of these contracts by contractors or other procurement agencies.

32. Escalation Clause: Any price escalation requested by the vendor shall be limited to actual increased cost passed from the supplier/manufacturer to the vendor. Any request for price increases shall be submitted in writing and supported with appropriate documentation showing the increased cost to the vendor versus the cost used to determine the price quoted at the Bid Opening.

33. Information: If clarification is needed on any part of the solicitation documents as published, please provide question(s) in the Messages Tab, “Opportunity Q&A” on the GMCS Bonfire portal. Failure to do so may result in question(s) not being addressed.

34. Unit Prices: Discrepancies involving the incorrect extension of unit prices shall be resolved in favor of unit prices.

35. Equal Opportunity Compliance: All firms, their employees, and agents, agree to comply with the Gallup-McKinley County Schools “policy for Prohibition of Harassment, Discrimination, or Violence based on Race, Religion, Sex, Disability, or Age.” The Contractor agrees to abide by all Federal and State laws and rules and regulations, and executive orders of the Governor of the State of New Mexico, pertaining to equal employment opportunity. In accordance with all such laws and rules and regulations, and executive orders of the Governor of the State of New Mexico, the Contractor agrees to assure that no person in the United States shall, on the grounds of race, color, national origin, sex, sexual preference, age, or handicap, be excluded from employment with or participation in, be denied the benefits of, or be otherwise subjected to discrimination under, any program or activity performed under this Agreement. If the Contractor is found to be not in compliance with these requirements during the life of this Agreement, the Contractor agrees to take appropriate steps to correct these deficiencies.

36. Appropriations: The terms of this Agreement are contingent upon sufficient monies being made available by GMCS for the performance of this Agreement. If sufficient appropriations and authorizations are not made by GMCS, this Agreement shall terminate upon written notice being given by GMCS to the Contractor. The school district's decision as to whether sufficient appropriations are available shall be accepted by the Contractor and shall be final.

37. Procurement Code: The Gallup-McKinley County School Board of Education

Policies on Procurement and State of New Mexico Procurement Code shall apply.

38. Amendments: If any questions or responses require revision to the solicitation as originally published, such revisions will be by formal Amendment only. If the solicitation includes a contact person for technical information, bidders are cautioned that any oral or written representations made by this or any person that appear to change materially any portion of the solicitation shall not be relied upon unless subsequently ratified by a written Amendment to this solicitation issued by the Procurement Office. For a determination as to whether any representation made requires that an amendment be issued, contact the Procurement Office.

39. Award: The award, if made, shall be made to the lowest responsible Bidder submitting a responsive Bid that is most advantageous to the public.

40. PROCUREMENT CODE VIOLATIONS: The Procurement Code imposes civil and criminal penalties for its violation. In addition, the New Mexico Criminal Statutes impose felony penalties for illegal bribes, gratuities, and kickbacks.

41. THE GALLUP-McKINLEY COUNTY SCHOOL BOARD OF EDUCATION

RESERVES THE RIGHT TO REJECT ANY OR ALL BIDS IN WHOLE OR IN

PART, TO WAIVE TECHNICALITIES AND TO ACCEPT THE PROPOSAL IT

DEEMS TO BE IN THE BEST INTEREST OF THE SCHOOL DISTRICT.