1-SALT LAKE COMMUNITY COLLEGE GENERAL BID PROVISIONS.pdf

SALT LAKE COMMUNITY COLLEGE GENERAL BID PROVISIONS

1. SUBMITTING THE BID:

a. Electronic bids must be submitted through Utah Public Procurement Place (U3P) hosted on Bonfire by the date and time indicated in the solicitation. It is the sole responsibility of the bidder to ensure that its bid is submitted correctly before the closing date and time.

b. Bids, modifications, or corrections received after the closing time indicated will be considered late and not accepted.

c. Bids submitted by any other means, including fax or e-mail, will not be considered.

2. BID PREPARATION:

a. Delivery time is critical and must be adhered to as specified. The time of delivery specified by the bidder will be evaluated as part of the bid evaluation.

b. Wherever in this solicitation an item is described by using a trade name, model number, catalog number, manufacturer name, or bidder name, it is intended that the words, “or equivalent” apply. “Or equivalent” is defined as any other item equal in material, workmanship and service, and is as efficient and economical in operation as the one specified, as determined by the College. If bidder proposes an alternate item, the bid must clearly be marked as such. Include the trade name, brand name, model number, and/or catalog number, plus a complete description (including specifications and literature) of the proposed alternate. Bidder represents that any alternate item meets the applicable solicitation specification(s) unless bidder describes specifically how the alternate item differs from the applicable solicitation specification(s).

c. All products are to be of new, unused condition, unless otherwise requested in this solicitation.

d. By submitting the bid, the bidder certifies that all of the information provided is accurate, that it is willing and able to furnish the item(s) specified, and that prices quoted are correct.

e. Pricing must be guaranteed for ninety (90) days from the close date of this solicitation unless otherwise noted in the solicitation.

3. FREIGHT COST:

a. Where “Freight Cost” is listed as a separate line item, bidders are to provide product line item pricing FOB Origin Less Freight. On the line item for “Freight Cost” bidders are to indicate the total freight cost FOB Destination Freight Prepaid.

b. Where there is not a line item for “Freight Cost”, bidders are to provide line item pricing FOB Destination Freight Prepaid.

4. SOLICITATION AMENDMENTS: All changes to this solicitation will be made through written addendum only and posted online. Answers to questions submitted shall be considered addenda to the solicitation documents. Bidders are cautioned not to consider verbal modifications.

5. RECORDS ACCESS AND MANAGEMENT: The Utah Procurement Code, Utah Code Ann. § 63G-6a-101, et seq., as amended, states that the name of each bidder and the amount of each bid shall be recorded, and that such record shall be open to public inspection. The Government Records Access and Management Act, Utah Code Ann. § 63G-2-101, et seq., as amended (“GRAMA”), provides that, if a bidder desires to have certain information contained in its bid protected from such disclosure, the bidder may request such protection by providing a “written claim of business confidentiality,” and a “concise statement of reasons supporting the claim of business confidentiality” with its bid (GRAMA, section 63G-2-309).

Pricing elements of any bid will not be protected. All material contained in and/or submitted with the bid becomes property of the College and may be returned only at the College’s option.

6. SAMPLES: Samples of item(s), when required by SLCC, must be furnished, free of charge, to SLCC. Any item not destroyed by tests may, upon request made at the time the sample is furnished, be returned at the bidder's expense.

7. AWARD OF CONTRACT:

a. A solicitation award will be made with reasonable promptness, by written notice, to the lowest responsible bidder that meets the specifications. Consideration will be given to the quality of the product(s) to be supplied, conformity to the specifications, the purpose for which the product(s) are required, delivery time required, discount terms and other criteria set forth in this Invitation for Bid.

b. A solicitation award does not constitute a contract. Any award made through U3P, notification received from U3P, email notifications received directly from SLCC, documents received by the vendor, or documents posted in U3P, do not constitute or create a contract. Only a fully executed Purchase Order (PO) or a fully executed contract constitutes a binding contract. If awarded, vendor(s) may not begin work, purchase materials, or enter into subcontracts relating to this solicitation until they receive a fully executed PO or contract.

c. Bids will not be read at a public opening; however, the information will be publicly disclosed after award in accordance with the Government Records Access and Management Act, Utah Code Ann. § 63g-2-101, et seq., as amended.

d. SLCC may award by item, group of items, or overall low bid.

e. SLCC has the right to cancel this Invitation for Bid at any time prior to issuance of a Purchase Order or a fully executed contract.

f. SLCC can reject any or all bids, and it can waive any informality, or technicality in any bid received, if SLCC believes it would serve the best interest of the College.

g. Before, or after, the award of a contract SLCC has the right to inspect the bidder's premises and all business records to determine the holder's ability to meet contract requirements.

h. SLCC does not guarantee to make any purchase under awarded contract(s). Estimated quantities are for bidding purposes only, and not to be interpreted as a guarantee to purchase any amount.

i. Multiple contracts may be awarded if SLCC determines it would be in its best interest.

8. SLCC APPROVAL: SLCC Purchase Orders or contracts issued as a result of this Invitation for Bid will not be legally binding without the appropriate signature of SLCC.

9. DEBARMENT: The bidder certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction (contract) by any governmental department or agency. If the bidder cannot certify this statement, attach a written explanation for review by SLCC.

10. GOVERNING LAWS AND REGULATIONS: All College purchases are subject to the Utah Procurement Code, Utah Code Ann. § 63G-6a-101, et seq., as amended and the Policies and Procedures set forth by the College.

11. RESTRICTIONS ON COMMUNICATIONS WITH SLCC STAFF: From the issue date of this solicitation until a bidder is selected and a contract award is made, bidders are not allowed to communicate about the subject of this solicitation with any College administrator, faculty, staff, or members of the Board of Trustees except the Purchasing Official assigned to this solicitation, other Purchasing staff members, individuals authorized in writing by the Purchasing Official, and College representatives during presentations. If violation of this provision occurs, the College reserves the right to reject the bidder’s response.

12. CONTRACT TERMS AND CONDITIONS: Any contract resulting from this solicitation will include the terms and conditions contained in the Terms and Conditions attached to this solicitation. No additional terms and conditions will be accepted.

13. CONFLICT: Unless clearly indicated otherwise in the bid, the College assumes that no employee of the College has sufficient financial or management interest in bidder’s organization to cause a conflict of interest should bidder be awarded a contract based on this solicitation.

14. CONTRACT JURISDICTION, CHOICE OF LAW, AND VENUE: The contract resulting from this solicitation shall be governed by laws of the State of Utah. The parties will submit themselves and any dispute arising from the contract or any breach thereof to the jurisdiction of the courts of the State of Utah. The venue of any dispute shall be in the Third Judicial District Court of Salt Lake County, State of Utah.

15. COMPLIANCE WITH LAWS AND REGULATIONS: Bidder and any and all supplies, services, equipment, and construction proposed in bidder’s submission will comply fully with all applicable Federal and State laws and regulations.

16. OUTSTANDING TAX LIEN: By responding to this solicitation, the bidder affirms that it does not have any outstanding tax liens issued by the Utah State Tax Commission.

17. STATE OF UTAH SALES AND USE TAX:

a. Utah State Sales and Use Tax should not be added to invoices or other payment requests submitted to SLCC. SLCC’s Tax Exempt ID number: 11890789-002.

b. Bidder is responsible for complying with all Utah State Sales and Use Tax exemption requirements. Bidder is responsible for payment of all Utah State Sales and Use Tax obligations that arise from bidder’s failure to comply with exemption requirements.

18. ANTI-BOYCOTT: In accordance with Utah Statute 63G-27-102, vendors contracting with SLCC to provide a good or service, including supplies, information technology, or construction services in the amount of $100,000 or more must certify they are not currently engaged in an “economic boycott” nor a “boycott of the State of Israel” as those terms are defined in that Code section. Vendors must also agree not to engage in either boycott for the duration of the contract (if awarded). For example, a vendor may not, without an ordinary business purpose, boycott the State of Israel or companies engaged in: activities related to traditional energy, mining, agriculture; or the manufacture, distribution, sale, or use of firearms; or does not meet environmental standards beyond applicable state and federal laws; or does not facilitate access to abortion or sex characteristic surgeries. If a vendor does engage in such a boycott, it must immediately notify the public entity party to the contract in writing.

19. FILING A PROTEST: The Utah Procurement Code, U.C.A. § 63G-6a, addresses the procedure for filing a protest. A protest must be submitted in writing to the SLCC Director of Purchasing and Accounts Payable prior to the opening of bids, unless the aggrieved person did not know the facts giving rise to the protest, in which case the protest must be submitted in writing within seven days after the aggrieved person knows or should have known the facts giving rise to the protest.

20. GRATUITIES: The College may disqualify from consideration or terminate any subsequent contract, if it is found that gratuities, in the form of entertainment, gifts, or otherwise, were offered or given by the bidder, or any agent or representative of the bidder, to any officer or employee of the College with the intent to secure a contract or secure favorable treatment with respect to the awarding or amending of a contract. Bidders must comply with the provisions of the Utah Procurement Code, U.C.A. § 63G-6a Part 24.