3-U3P BID INSTRUCTIONS AND GENERAL PROVISIONS.pdf

INSTRUCTIONS AND GENERAL PROVISIONS

N O T I C E

When submitting a response (proposal, quote or bid) electronically through U3P, it is the sole responsibility of the supplier to ensure that the response is received by U3P prior to the closing date and time.

Note that the final step in submitting a response involves the supplier’s acknowledgement that the information and documents entered into the U3P system are accurate and represent the supplier’s actual proposal, quote or bid. This acknowledgement is registered in U3P when the supplier clicks “Confirm”.

U3P will post a notice that the offer has been received. This notice from U3P MUST be recorded prior to the closing date and time or the response will be considered late and will not be accepted.

Be aware that entering information and uploading documents into U3P may take considerable time.

Please allow sufficient time to complete the online forms and upload documents. Suppliers should not wait until the last minute to submit a response. It is recommended that suppliers submit responses a minimum of 24 hours prior to the closing deadline. The deadline for submitting information and documents will end at the closing time indicated in the solicitation. All information and documents must be fully entered, uploaded, acknowledged (Confirm) and recorded into U3P before the closing time or the system will stop the process and the response will be considered late and will not be accepted.

Responses submitted in U3P are completely secure. No one (including College purchasing staff) can see responses until after the deadline. Suppliers may modify or change their response at any time prior to the closing deadline. However, all modifications or changes must be completed and acknowledged (Confirm) in the U3P system prior to the deadline. U3P will post a notice that the modification/change (new offer) has been received. This notice from U3P MUST be recorded prior to the closing date and time or the response will be considered late and will not be accepted.

Utah Code 46-4-402(2) Unless otherwise agreed between a sender (supplier) and the recipient (College Purchasing), an electronic record is received when: (a) it enters an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent and from which the recipient is able to retrieve the electronic record; and (b) it is in a form capable of being processed by that system.

Any problems or question regarding submission of offers are to be directed to U3P customer support.

1. Preparation of Bids:

a) Failure to examine any drawings, specifications and instructions will be at bidder’s risk.

b) Unless specifically stated otherwise, price each item separately. Unit price shall be shown and a total price shall be entered for each item bid.

c) Time of delivery is a part of the bid/proposal and must be adhered to.

d) Prices quoted are firm for complete delivery of quantities specified.

e) In case of error in extension, unit price will govern.

f) Brand names and model numbers are given for reference, description, desired specifications and features and are not intended to be restrictive. Brands and models of equal quality will be considered. However, the College reserves the right to purchase brands as it desires, irrespective of price.

g) All products must be in new, unused condition unless otherwise requested in this solicitation.

2. Failure to respond: Failure to submit a bid or to advise the College Fiscal Services Department that future invitations for bids are desired, may result in the removal of your name from the bidder’s list.

3. Submission of Bids: Electronic bids must be submitted through the U3P system until the date and time as indicated on the document. It is the sole responsibility of the supplier to ensure their bid reaches U3P before the closing date and time. There is no cost to the supplier to submit electronic bids via U3P.

If the supplier chooses to submit the bid directly to Davis Technical College (DTC) in writing, the bid must be signed in ink, sealed in a properly addressed envelope, and delivered to the Davis Technical College Fiscal Department Attn: Purchasing, 550 E 300 S, Kaysville , UT 84037, by the “Due Date and Time.”

a) Bids must be signed and sealed with the “Bid/Proposal Number” and bid opening date on the outside of envelope.

b) Bids and modifications or corrections thereof received after the closing time specified will NOT be handled, in accordance with the Utah Procurement Rules, Section R33-3-109.

c) All prices and notations must be printed in ink or typewritten. No erasures permitted. Errors may be crossed out and corrections printed in ink or typewritten adjacent and must be initialed, in ink, by person signing bid/proposal.

d) No charge for delivery, drayage, express, parcel post, packing, cartage, insurance, license fees, permits, cost of bonds, or for any other purpose will be paid by the College unless expressly included and itemized in the bid/proposal.

e) The post office is not an agent for the College and is unable to make acceptance of solicitations/bids on behalf of the College. Only bids that are received by the Due Date and Time in the Fiscal Services office will be considered. Bids that are on campus or in transit through College courier will not been considered and will be returned unopened.

4. Bonds: The College reserves the right to require a bid bond, a supply contract bond, or a faithful performance bond from the vendor in an amount not to exceed the amount of the contract.

5. Award of Contract:

a) Contracts and purchases will be made or entered into with the responsible bidder making the lowest and best bid/proposal that meets the specifications pursuant to Chapter 63-2-29 U.C.A. 1961.

b) Unless the bidder specified otherwise in his bid/proposal, the College may accept any item, group of items or the complete overall low quote/bid that meets all specifications. The College reserves the right to increase or decrease the quantity of any item and to order any or all of the items at quoted prices, unless Seller specifically state otherwise in its quote/bid. The College reserves the right to cancel its invitation for bids/proposals for any reason.

c) The College reserves the right to reject any and all bids/proposals and waive any informality or technicality in bids/proposals received, if it is in the interest of the College.

d) A properly issued Purchase Order e-mailed, mailed, or otherwise furnished to the successful bidder, within the time for acceptance specified in the bid/proposal, results in a binding contract without action by either party. The contract shall be interpreted, construed and given effect in all respects according to the laws of the State of Utah. The contract shall NOT be assignable by the vendor in whole or part without the written consent of the College. Authorized representatives of the DTC fiscal office are the only persons authorized to place orders or commit the College for purchases.

6. BEST AND FINAL OFFERS: Discussions may be conducted with offerors who submit proposals determined to be reasonably susceptible of being selected for award for the purpose of assuring full understanding of, and responsiveness to, solicitation requirements. Prior to award, these offerors may be asked to submit best and final offers. In conducting discussions, there shall be no disclosure of any information derived from proposals submitted by a competing offeror.

7. Samples: Samples of items, when required, must be furnished, free of expense, to the College. If not destroyed by tests, the sample may, upon request be made at the time the sample is furnished, be returned at the bidders expense.

8. Warranty: Seller warrants that the merchandise will conform to its description and any applicable specifications shall be good merchantable quality and fit for the known purpose for which it is sold. This warranty is in addition to any standard warranty or service guarantee given by Seller to Purchaser.

9. Delivery: All items offered are to be offered at a delivered cost including all transportation, setup, configuration, calibration and handling fees unless otherwise requested. The DTC will not pay any fees over the offered price. The DTC has an available forklift to avoid lift gate charges. All items must be delivered no later than 60 days from the date the purchase order is issued unless otherwise agreed by both parties prior to purchase.

10. Training: If onsite training is requested, training costs must contain all expenses including, but not limited to, travel, time, per diem, and lodging. Training must be provided by (an) individual(s) trained on the equipment to demonstrate all features and suggested safety and maintenance procedures of the merchandise so that the DTC may make full use of the merchandise’s functionality.

11. Energy Conservation and Recycled Products: The contractor is encouraged to offer Energy Star certified products or products that meet FEMP standards for energy consumption. DTC also encourages contractors to offer products that are produced with recycled materials, where appropriate, unless otherwise requested in this solicitation.

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

13. Security Standards: The contractor shall comply with all Security Standards issued by the College, including Payment Card Industry and Data Privacy Standards.

14. The College is required to comply with provisions of the Utah governmental Immunity Act, Utah code Ann. Sec. 63-30d-101 et seq. and any other requirements mandated by the Utah Attorney General’s Office regarding indemnification, attorney’s fees, governing law provisions and insurance provisions.

Any contract created under this bid must include such terms and conditions regarding such as set forth by the College.

15. The Government Records Access and Management Act, Section 63-2-101 et seq., Utah Code Ann. (1953), as amended ("GRAMA") provides that information in the quotes/bids submitted may be open for public inspection at the time the quotes/bids is opened (In the Case of RFP, only the non-confidential portions of the proposal response become available to the public after award of the order not at the time of opening). If a Seller desires to have certain information contained in its quote/bid protected from such disclosure, the Seller may request such treatment by providing a "written claim of business confidentiality and a concise statement of reasons supporting the claim of business confidentiality" with the quote/bid (GRAMA, Section 63-2-308). Pricing elements of any quote/bid will not be considered protected. All material contained in and/or submitted with the quote/bid becomes property of the College and may be returned only at the College's option

16. Bidder agrees that no contract rights or subcontract rights may be assigned, sold, or transferred, or responsibilities delegated, in whole or in part, under any contract formed upon acceptance of the bidder without prior written approval of the College.

17. Bidder agrees that the terms and conditions herein supersede any inconsistent terms and conditions submitted by the Bidder in a preprinted form contract.

18. Non-appropriation of Funds: The Contractor acknowledges that DTC cannot contract for the payment of funds not yet appropriated by the Utah State Legislature. If funding to the State is reduced due to an order by the Legislature or the governor, or is required by State Law, or if federal funding (when applicable) is not provided, DTC may terminate this contract or proportionately reduce the services and purchase obligations from DTC upon 30 days written notice. In the case that funds are not appropriated or are reduced, DTC will reimburse the contractor for products delivered or services performed through the date of cancellation or reduction, and the State will not be liable for any future commitments, penalties, or liquidated damages.

19. Contract Jurisdiction, Choice of Law, and Venue: The provisions of this contract shall be governed by laws of the State of Utah. The parties will submit to the jurisdiction of the courts of the State of Utah for any dispute arising out of this Contract or the breach thereof. Any purchase made by the College is subject to State of Utah Standard Terms and Conditions.

20. Laws and Regulations: The Contractor and any and all supplies, services, equipment, and construction proposed and furnished under this contract will comply fully with all applicable Federal and State laws and regulations.