3-UT Purchasing Terms and Conditions.pdf

Purchasing Terms and Conditions Last Updated 9/4/24

All purchases are subject to the State of Utah Procurement Code and the University’s Procurement policies. For the purposes of this document, a “bid” can mean a quote, proposal, or any other requested document or material as defined by a purchasing solicitation.

By submitting a bid you agree to the following provisions. Any bids that do not comply with the provisions may be rejected or disqualified.

Solicitations may specify additional requirements or waive any of these provisions, if a solicitation contradicts any provision, the language in the solicitation supersedes.

GENERAL RULES

1. Bidders may not communicate with anyone outside of Purchasing Services during a solicitation.

2. Bidders must fully disclose any potential conflicts of interest with any staff or students of the University.

3. Late Bids will not be accepted.

4. The University is not responsible for internet constraints/issues. Gratuities of any form cannot be accepted.

BIDS

1. Bids must clearly indicate details of all costs associated with the solicitation, including: quantity, description, unit price, extended price, freight, and any other fees. If any items/services are variable, clear indication of the rate must be provided (e.g. $xx.xx per hour; $xx.xx per user, etc)

2. All items must be new and in stock

3. Sales tax must be excluded. Sales tax certificate can be obtained by emailing: purchasing@utahtech.edu

4. Any request for prepayments must be indicated with the bid. The University discourages prepayments.

5. Equivalent items may be substituted if ALL specs of the equivalent items meet or exceed ALL specs of the requested items. Any equivalent items must be clearly marked as such. It is the bidder’s responsibility to ensure any equivalent items meet or exceed the requested specifications, if it is discovered that any alternate items are not equivalent or better than the requested specifications then the entire bid may be disqualified. If it’s discovered after the award/purchase, the items may be returned at the bidder’s expense.

6. Pricing must be guaranteed for at least ninety (90) days

7. Alternate/Multiple bids are allowed assuming all bids meet or exceed the specifications

8. If the solicitation includes the University’s Terms and Conditions, they must be incorporated into any agreement. Bidders may elect to red-line the Terms and Conditions as part of their bid, but must do so before the bid is submitted.

9. If samples are requested it is assumed they are property of the University. Samples may be returned to the bidder if requested and at the expense of the bidder.

10. Bids are considered public information and may be requested by anyone via GRAMA. If your bid contains any proprietary information then a redacted version of the bid may be submitted and identified as such.

AWARD OF BIDS

1. The University only notifies the awarded vendor. A Purchase Order (PO) will be issued to the awarded vendor before any work is performed or any order is initiated. The University may increase or decrease quantities before placing an order without re-soliciting; however, the University will request an updated quote if applicable.

2. The University is encouraged to purchase from State of Utah Contracts, items/services available on State Contract will have preference over those items/services that are not.

3. The University selects vendors based on “Best Value” judgements as opposed to cost alone.

4. If the University’s supplemental terms and conditions apply, preference may be given to vendors who accept them over vendors who redline them or reject them altogether.

5. The University may cancel the solicitation at any time and is not required to award it.

6. Multiple vendors may be awarded in some situations

PROTESTS / INFORMATION REQUESTS

1. Protests requiring a response can only be submitted within seven days after the aggrieved person knows or should have known the facts giving rise to the protest.

2. Protests must be in formal written form and emailed to malia.tafua@utatech.edu and must include objective details as to any discrepancies or procurement policy non-compliance. General complaints will be documented but not acted upon.

3. Official requests for information must be requested via GRAMA and are subject to applicable fees.

INVOICING

1. The University is not obligated to pay any invoice that does not contain a valid PO#.

OTHER

1. All purchases are subject to the Utah State Procurement Code and the University’s Procurement Policy.

2. Vendors must fully disclose any potential conflicts of interest with any staff or students of the University.

3. By submitting a bid, bidders certify that they are not presently debarred by any governmental department or agency, including other institutions of higher education.

4. By submitting a bid, bidders certify that there are no outstanding tax liens issued by the state or federal government.

5. When applicable, the vendor shall maintain comprehensive liability insurance. The bidder shall also maintain all employee-related insurances. The limits of this insurance will be no less than one-million dollars per occurrence and three-million dollars aggregate.

6. If the solicitation is for the performance of services, participation in E-Verify is required to verify the work status eligibility of all staff and its subcontractor’s staff (Utah Statute 63G-12-302)

7. Vendors with 10 or more employees providing over $100,000.00 must certify that they are not currently engaged in a boycott of the

State of Israel and agrees not to engage in a boycott of the State of Israel for the duration of the contract (if awarded). By submitting a bid, the offeror is certifying they are in accordance with this statute (Utah Statute 63G-27-101)

ACKNOWLEDGEMENT

Signature Date

Print Name & Title

Company Name