CSU General Conditions for IFB-DQ rev 09_10_20.pdf

Rev. September 10, 2020 1

COLORADO STATE UNIVERSITY

GENERAL CONDITIONS

INVITATION FOR BID / DOCUMENTED QUOTE

1. This solicitation is governed by the following General Conditions and the Colorado State University Procurement Rules.

Responding to this solicitation constitutes acceptance of these General Conditions. The CSU Procurement Rules, which can be viewed at http://www.purchasing.colostate.edu/pages/documents/ProcurementRules8-24-09.pdf, may differ from the State of Colorado Procurement Code and Rules. All inquiries regarding this solicitation should be directed to: Colorado State University, Office of Procurement Services, 6010 Campus Delivery, Fort Collins, CO 80523-6010; 970-491-5105.

2. The bidder agrees to comply with all applicable state and federal laws relating to discrimination and unfair employment practices.

3. The bidder certifies that prices and other terms in the Bid or Quote have been arrived at independently without consultation, communication, agreement with or knowledge of the contents of a Bid or Quote by any other competing bidder other than prices or terms gained through price lists or catalogs made available to the public by a competing bidder.

4. Bidders are expected to examine any drawings, specifications, schedule of delivery and all instructions associated with this solicitation; failure to do so will be at the bidder's risk.

5. Each bidder shall furnish all information required by the solicitation; the unit price for each item bid must be shown and a total for each item bid must be entered. In case of error in the extended price, the unit price prevails. Failure to provide requested information may result in disqualification.

6. Specifications are provided to identify the product/service required and to establish an acceptable quality level. Bids or Quotes for products/services of equal quality and usability will normally be considered unless otherwise stated in the solicitation. The University will be the sole judge in determining "equals" in regard to price, quality and performance.

7. All products shall be new and of the manufacturer's current model unless otherwise specified.

8. Samples of items, when requested, must be furnished free of expense to the University, and if not destroyed by testing, will be returned at the bidder's request and expense.

9. Colorado State University reserves the right to reject any and all Bids or Quotes and to waive formalities pursuant to the bidding, and to accept any portion of a Bid or Quote or all items bid, if deemed in the best interest of Colorado State University.

10. This Invitation for Bid or Documented Quote does not obligate the University to pay any costs incurred in the preparation or the submission of such solicitation, or to purchase or contract for materials or services from such Invitation for Bid or Documented Quote if not in the best interests of Colorado State University in the sole judgment of the University.

11. Treatment of any Confidential Information submitted in response to this solicitation will be governed by the Colorado State University Procurement Rules.

12. A contract or purchase order will be awarded to the responsive and responsible bidder whose bid, conforming to the Invitation for Bid or Documented Quote, will be most advantageous to Colorado State University, price and other factors considered. Any purchase order issued as a result of this solicitation will be governed by the CSU Purchase Order Terms and Conditions (attached to the solicitation). Any contract executed between CSU and the successful bidder must contain certain required provisions for doing business with the State of Colorado, labeled “Special Provisions” (attached to the solicitation). The Special Provisions are required by law to be contained in every state contract without modification or exception. NOTWITHSTANDING ANY OTHER PROVISION CONTAINED IN THE SOLICITATION, QUOTE OR BID, OR ANY CONTRACT DOCUMENT ARISING FROM THIS SOLICITATION, THE UNIVERSITY IS PROHIBITED BY COLORADO LAW FROM AGREEING TO “INDEMNIFY,” “DEFEND,” OR “HOLD THE CONTRACTOR HARMLESS” WITH RESPECT TO THIRD-PARTY CLAIMS THAT MAY BE BROUGHT AGAINST THE CONTRACTOR. NO EXCEPTIONS TO THIS PROHIBITION ARE POSSIBLE AND ANY DOCUMENT PURPORTING TO

CREATE SUCH INDEMNITY OBLIGATIONS SHALL BE REJECTED.

13. No Bid shall be withdrawn for a period of 30 days subsequent to the submission of bids without the consent of the Colorado State University, Department of Procurement and Contracting Services.

14. In its acceptance of any Bid or Quote, the University is relying on the promised delivery date and/or installation as material and basic to its acceptance, unless otherwise indicated. In the event of seller's failure to deliver as and when promised, the University reserves the right to cancel its purchase order or contract, or any part thereof, and seller agrees that the University may return all or part of any shipment so made and may charge seller with any loss or expense sustained as a result of such failure to deliver as promised, not as a penalty but as liquidated damages.

15. In the event any item to be sold or delivered hereunder is covered by any patent, copyright, trademark, or application therefor, the seller will indemnify and hold harmless the University from any and all loss, costs, expenses, and legal fees on account of any claims, legal actions, or judgements on account of manufacturer, sale, or use of such item in violation, infringement or the like of rights, under such patent, copyright, trademark, or application.

16. It is the responsibility of the bidder to ensure that the Bid or Quote, signed by an individual authorized to bind the bidder, arrives by the date and time and at the place indicated on the Invitation for Bid or Documented Quote. LATE BIDS WILL NOT BE ACCEPTED OR CONSIDERED. Receipt of a Documented Quote by the submission date and time is not an absolute criterion in determining responsiveness and Quotes received prior to the time of award may be considered, at the discretion of the University. The bidder is responsible for submitting its response to either an Invitation for Bid or Documented Quote as directed by the solicitation.

17. The bid or quoted price shall be exclusive of any federal, state or local taxes from which Colorado State University is exempt. Our Federal Excise Tax Exemption Certificate of Registry Number is 84-730-123K. Our Colorado State and Local Sales Tax Exemption Number is 98-02381.

http://www.purchasing.colostate.edu/pages/documents/ProcurementRules8-24-09.pdf

Rev. September 10, 2020 2

18. ANTI-KICKBACK ACT of 1986. Bidder represents that they have not provided or attempted to provide any kickback to any employee or agent of Colorado State University. All reports of possible kickbacks shall be submitted in writing to the Internal Auditing Department, Colorado State University System, Fort Collins, CO 80523-0019. Reports may also be made by telephone to 970- 491-6176.

19. Insurance. If required by the solicitation, the Contractor shall obtain and maintain at all times during the performance of any contract or purchase order, insurance as specified. If insurance requirements are not specified in the solicitation, the Contractor represents that at the time of acceptance of any contract or purchase order, the Contractor maintains comprehensive general liability insurance in an amount not less than $1,000,000, combined single limit; worker’s compensation insurance as required by law; and automobile liability insurance for all vehicles to be used by Contractor in the performance of the specified work. Upon request, Contractor shall provide proof of such coverages. Self-insurance programs do not meet the state’s or the University’s insurance requirements unless the Contractor provides satisfactory evidence of a loss reserve fund of not less than the minimum coverage amount specified in the solicitation, plus excess liability coverage as appropriate to the industry; financial statements of the business; and proof of Department of Labor certification of self-insurance program for worker’s compensation.

20. SMALL, WOMEN-OWNED, AND MINORITY-OWNED PARTICIPATION. It is the policy of the University to contribute to the establishment, preservation, and strengthening of small businesses and businesses owned by women, minorities, veteran, service-disabled veterans, and disadvantaged small business concerns, and to encourage their participation in State procurement activities. The University encourages Contractors to provide for participation of these businesses through subcontracts or other contractual opportunities in connection with the performance of the contract awarded under this solicitation. Submission of a report of past efforts to utilize the goods and services of such businesses and plans for involvement on this contract are not required, but may be considered by the evaluation committee reviewing the proposals.

21. Cooperative Purchasing. It is the intent of this solicitation and any resulting Agreement to allow for cooperative purchasing.

Accordingly, any public body (to include government/state agencies, political subdivisions, etc.), cooperative purchasing organizations, public or private health or educational institution, or any University related foundation may access the Agreement if authorized by the Selected Supplier(s). The Selected Supplier(s) will notify the University in writing of any participating entities who were denied access to this Agreement and why. Participation in this cooperative procurement is strictly voluntary. If authorized by the Selected Supplier(s), the Agreement may be extended to the entities indicated above to purchase goods and services in accordance with the Agreement. As a separate contractual relationship, the participating entity will place its own orders with the Selected Supplier(s) and will fully and independently administer its use of the Agreement to include contractual disputes, invoicing and payments without direct administration from the University. No modification of the Agreement or execution of a separate agreement is required to participate; however, the participating entity and the Selected Supplier(s) may modify the terms and conditions of the Agreement to accommodate specific governing laws, regulations, polices, and business goals required by the participating entity. Any such modification will apply solely between the participating entity and the Selected Supplier(s). The Selected Supplier(s) will notify the University in writing of any such entities accessing the Agreement. The Selected Supplier(s) will provide semi-annual usage reports for all entities accessing the Agreement. The University will not be held liable for any costs or damages incurred by any other participating entity as a result of any authorization by the Selected Supplier(s) to extend the Agreement. It is understood and agreed that the University is not responsible for the acts or omissions of any entity and will not be considered in default of the Agreement no matter the circumstances. Use of the Agreement does not preclude any participating entity from using other agreements or competitive processes as needed.