4-B26-05 FCS General Terms Conditions.pdf

Forsyth County Schools – Bid B26-05 Cascade Roll Towels

GENERAL TERMS AND CONDITIONS

1.0 PREPARATION OF BIDS

1.1 Forsyth County Schools utilizes the Euna Procurement (Formally Bonfire) portal for posting formal solicitation opportunities such as bids and RFPS. Unless otherwise noted, vendors must utilize the Euna Procurement system when submitting a formal response to a solicitation posted by FCS. More information regarding Euna Procurement, including registration, can be found on the Forsyth County Schools Purchasing webpage.

1.2 Bidders are instructed to carefully read all terms, conditions, and specifications as set forth in the

Invitation to Bid. All documents and related bid forms must be completed in their entirety. Each bidder is required to furnish all information requested in the Invitation to Bid.

1.3 Each bidder is responsible for having knowledge and understanding of any applicable State of

Georgia Code and FCSS regulations or policies pertaining to FCS procurement.

1.4 FCS Purchasing Regulations are hereby acknowledged, understood, and agreed to by both parties and are hereby fully incorporated into the Bid and Bid Contract.

1.5 Conditional Bids - Bids that in any way qualify or vary the terms and conditions and specifications of this Bid may be considered non-responsive and disqualified from consideration of award.

2.0 COMMUNICATIONS WITH FCSS STAFF

2.1 All communications concerning this BID must be submitted via the communication tool in the

Euna platform. FCS will not respond to phone calls or emails regarding questions about this bid.

User departments may be called upon for clarification in their area of expertise at the discretion of the Purchasing Department. Questions must be received by the timeline provided in the solicitation.

2.2 From the issue date of this BID until the completion of the selection process and the award notification is announced, bidders are not allowed to communicate with school system employees and/or contracted agents related to this BID for any reason except as authorized by the Purchasing

Department. Violation of this provision may result in rejection of the bidder’s response.

2.3 It is the vendor’s responsibility to check the Euna platform for any addenda, responses to vendor questions, or other communications, which may be necessary during the solicitation period.

3.0 SUBMISSION OF BIDS

3.1 All vendors are required to upload submissions utilizing the Euna Procurement platform in the procurement portal. The bids will be publicly opened and read at the time and place set forth in the Invitation to Bid.

3.2 All bids must be received by the designated time published on the procurement portal in Euna.

Late bid submissions will not be accepted or considered. Email submissions will not be considered.

3.3 Verify your quotation before submission, as it cannot be withdrawn, corrected, or altered after the closing date and time.

FORSYTH COUNTY SCHOOL SYSTEM

Purchasing Department

4.0 SPECIFICATIONS

4.1 Any deviation from the specifications must be clearly identified in a letter accompanying the bid.

The furnishing of cuts, catalogs, or printed descriptions will not relieve the bidder of this requirement. FCS shall determine in its sole discretion whether substitutions or modifications of the requested specifications are comparable to those contained within the Bid. If FCS determines that the modifications or deviations from the specifications are not in compliance, the bid may be rejected.

4.2 A vendor’s failure to deliver any items/services according to specifications set forth in their bid may result in cancellation of the purchase and permanent removal from the vendor’s list. If any items do not meet these specifications, the items will be picked up at the vendor’s expense and removed from FCS property at the sole cost of the vendor.

4.3 For Goods: Manufacturers listed, as “Model Equivalence” in the Bid is to establish the general quality required. Items of other manufacturers of equal or better specifications may be considered. FCS will be the sole determiner as to whether the substituted item is of equal or better specification.

4.4 If an awarded brand/model is discontinued during the award period, the awarded vendor may offer a replacement item. The replacement brand/model must meet or exceed the minimum specifications listed in the bid document as well as current industry standards. Replacement units must be made available to FCS for review and approval prior to the end of life of the awarded model. FCS reserves the right to accept or reject the replacement item.

4.5 All products and materials furnished must comply with all applicable federal, state, and local laws, codes, and regulations.

5.0 PRICES QUOTED

5.1 Prices must remain firm for a period of one year from the award date unless specified otherwise in the Special Terms and Conditions. The Forsyth County School System reserves the option to renew the bid annually if agreeable to both the successful bidder and the Forsyth County School

System. Bid may be renewed up to four times annually.

5.2 Quantities/amounts shown on the Bid Form are estimates. Bidders are advised that the actual number purchased/required may vary from those on the Bid Form, depending upon the needs of

FCS and the availability of funds.

5.3 Bids that contain minimum order amounts will not be accepted unless called for in the Special

Terms and Conditions.

5.4 Pricing must be submitted on the Bid Form as requested without conditions unless called for in

Special Terms & Conditions.

5.5 For Goods: Bids must include all delivery and/or installation charges. Delivery and/or installation requirements will be as specified in the Special Terms and Conditions.

6.0 SAMPLES

6.1 When required, samples must be furnished at the bidder's expense.

6.2 Samples are to be tagged or labeled as directed in the Special Terms and Conditions.

6.3 Samples not used or destroyed in testing will be returned to the bidder at the bidder’s request and at the bidder’s expense. If the vendor does not arrange for pick-up of samples as defined in

Special Terms & Conditions, samples will become the property of FCS.

7.0 AWARDS

7.1 FCS reserves the right to accept or reject any part of a submitted bid (in whole or in part), to accept the entire bid from one bidder, to accept portions of the bid from several bidders, or to reject any and/or all bids submitted or waive any minor irregularity.

7.2 FCS reserves the right to award by line item, to more than one vendor, and/or to award by group or any combination thereof.

7.3 Award will be made to the lowest responsive and responsible bidder meeting all specifications and requirements. This is the bidder who submits the lowest price, whose bid meets the specifications, terms, and conditions set forth in the Bid, and who is clearly capable of delivering the product or services specified. The lowest responsible bidder will not, therefore, always be the bidder who has submitted the lowest monetary bid. Award of bids will be made in the best interest of FCS at its sole discretion.

7.4 Purchases by FCS are not subject to Federal Excise Tax or State and Local Sales Tax. No taxes should be included in this Bid.

8.0 CONTRACT

8.1 THE CONTRACT AGREEMENT MUST BE COMPLETED BY THE BIDDER AND

SUBMITTED IN ITS ENTIRETY.

8.2 It is understood and expressly agreed that, upon proper acceptance of any or all items by the

Purchasing Department, a contract shall hereby be created.

8.3 Failure to observe any of the general or special terms of this contract may constitute rejection of the award and removal from bidders list.

8.4 Unless otherwise stated in the Special Terms and Conditions, FCS requires that all prices quoted will be firm for 12 months from award of contract.

8.5 By signing the contract, the vendor confirms responsibility as an authorized agent to sell and distribute all products and services as bid. In addition, vendor confirms ability and responsibility to provide all manufacturer warranties for the items proposed. This includes additional warranty items that may be included in the Special Terms & Conditions.

8.6 Authority - Each party warrants that such party has full power and authority to enter into and perform this contract. The person signing on behalf of each party represents that person as duly authorized to enter into this contract on behalf of such party.

8.7 Choice of Law and Venue - The Laws of the State of Georgia shall govern this contract in all respects. Any lawsuit or other action based on claims arising from this contract shall be brought in a court or other forum of competent jurisdiction in Forsyth County, Georgia.

8.8 Entirety of Contract - All documents submitted in response to the BID, including any attachments and appendices, are incorporated into the contract between FCS and the Vendor and contain the entire agreement between the parties and supersedes all prior oral and written agreements and understandings between the parties with respect to the subject matter hereof. If any language of the Bid Response by the Vendor conflicts with the language of the Bid, the language of the Bid shall govern and control for all purposes, unless consented and agreed to by

FCS in writing.

8.9 FCS reserves the right to review and accept or deny requests for price changes due to extenuating circumstances in the economy, marketplace, or acts of God. This option will only be exercised if it is deemed in the best interest of FCS.

9.0 SHIPPING

9.1 All prices are to include delivery to the location(s) specified in the Bid or the Purchase Order. All deliveries for goods must be FOB destination, unless specified otherwise in the Bid, with delivery to the location specified by FCS.

9.2 In the event of damage, shortage, or other loss resulting from shipment to any FCS facility by common carrier, any claim for such damage, shortage, or other loss shall be a matter between the vendor and the carrier.

9.3 FCS reserves the right to cancel the purchase of the bid items/services and/or any other pending purchase orders to the same vendor and/or permanently remove the vendor from the vendor list if the items/services have not been delivered/completed by the specified delivery date and no written extension of such delivery date has been granted by FCS.

10.0 INVOICING

10.1 Payment will be made by FCS after final delivery and acceptance of all items/services. However, final acceptance will not be made until after inspection and approval by the FCS authorized representative.

10.2 All accounts are paid on a current basis. Best effort will be made by FCS to take any discounts offered; however, cash discounts will not factor into price consideration for the award of the contract. Time will be computed from delivery (date of FCS signature) at the destination or from the date a correct invoice is received, if later than the date of delivery.

10.3 Invoicing Procedure - Invoices must be original. Copies or facsimiles are not acceptable.

Invoices must not be altered in any way from the original by handwriting or by machine.

Invoices will be paid within 30 days of receipt of invoice and within 30 days of notification receipt of goods or services by receipt. Computer-produced invoices are preferred. Invoices must contain the company name, the remit to address, and the FCS purchase order number.

11.0 ASSIGNMENT, DELEGATION, OR SUBCONTRACT

11.1 Except as may be specifically permitted by the Bid, Vendor shall not delegate, subcontract, assign, or otherwise permit anyone other than the Vendor personnel to perform any of the work required under this Contract, or assign any of its rights or obligations hereunder, without the written consent of FCS, which consent may be withheld at its sole discretion.

12.0 INDEMNIFICATION

12.1 The successful Vendor shall be liable for any injury, damage, or loss occasioned by negligence of the successful Vendor, its agents, or any other person the successful Vendor has designated to visit FCSS property and shall indemnify and hold harmless the Board, its officers, employees, agents, and volunteers from any liability arising in the performance of this contract. Vendor’s obligation under this section shall not extend to any liability caused by the sole negligence of the

FCS or its employees.

13.0 TERMINATION

13.1 Termination - If FCS or the successful vendor(s) wish to cancel this contract, written notice thirty (30) days in advance will be required of either party. In addition, either party may terminate the contract in the event the other party breaches any of its duties and obligations under this contract and fails to cure such breach within thirty (30) days after receiving notice specifying the breach. FCS reserves the right to terminate without warning in the event of a critical and/or material breach of contract.

14.0 ADDENDUM

14.1 Addendum(s) issued in writing during the time of solicitation will be incorporated in the subsequent contract. Vendor is responsible for checking the Euna Procurement portal frequently during the solicitation period for any potential addendum.

15.0 ORDER OF PRECEDENCE

15.1 In the event of any conflict or inconsistency between these General Terms and Conditions and any corresponding project-specific or scope of work related terms and conditions, the corresponding project-specific or scope of work terms and conditions shall govern and take precedence.