DQ BID TEMPLATE - Motor Grader 2016 Modification 2.docm

DOCUMENTED QUOTE

Return all Quotes to:

Karen.Power@trinidadstate.edu Subject Line: TSJC DQ 15-15

Purchasing Agent:

Karen Power 719-846-5605

Quote Due Date: 01/29/2016

Quote Due Time: 02:00 pm MT

LATE BIDS WILL NOT BE ACCEPTED

Quotes properly marked with Quote No., Date and Hour of Opening will be accepted via fax or email prior to the opening date and hour.

Karen.Power@trinidadstate.edu Subject Line: TSJC DQ 15-15

(1) – Motor Grader – Trinidad Campus

TRINIDAD STATE JUNIOR COLLEGE (TSJC) IS SOLICITING QUOTES FOR THE PURCHASE OF:

(1) – Motor Grader – Trinidad Campus

I. General Information

1. All questions regarding this bid must be directed to the TSJC Purchasing Agent identified above.

2. Price quote must include all shipping, handling and delivery charges to TSJC specified sites and be FOB Destination. No additional charges for packing, drayage, or any other purpose will be allowed

3. Awarded vendor will contact the department prior to delivery to make arrangements for installation/shipping, delivery and off-loading of items. If you are using a third party for the delivery, vendor must make arrangements to meet the delivery truck and off-load the shipment.

4. Pricing to remain firm for 90 days from due date.

5. A Purchase Order will be issued to the awarded Bidder.

6. Payment will be made in full after all commodities have been received and accepted by Trinidad State Junior College personnel. NET: 45 days

7. This solicitation is published using the Colorado Operations Resource Engine (CORE). ColoradoVSS is the vendor facing side and will be where most competitive bid opportunities will be posted. Vendors must be registered on CORE to be considered responsive at the time of award of the response. CORE and its registration information may be linked through the State Purchasing Office link at www.colorado.gov/vss To be a registered supplier on ColoradoVSS: https://codpa-vss.hostams.com/webapp/PRDVSS1X1/AltSelfService

8. Quotes must be in accordance with specifications set forth and subject to conditions herein and/or attached. All respondents are responsible for checking the BIDS system for award; no other notification will be provided.

9. TSJC is required to have a W-9 on file for every company it does business with. Complete the W-9 located at Attachment A.

II. General Conditions:

1. All bids must be submitted on the quote form provided; no substitute forms will be accepted. Quote form must be signed by an individual with express authority to bind company.

2. Multiple bids will not be accepted. Each vendor is to submit one best offer bid.

3. Each vendor shall furnish the information required; the unit price for each item quoted must be shown; a total for each item bid must be entered; in case of error in extension, unit price prevails.

4. It is understood and agreed that the delivery date and/or date of installation after receipt of a purchase order is the seller’s best offer. In its acceptance of any quote, TSJC 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, TSJC reserves the right to cancel its acceptance order, or any part thereof, and seller agrees that TSJC 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.

5. In accordance with Procurement Code, CRS 24-103-207.5 titled Purchasing Preference for Environmentally Preferable Products; bidders responding to this solicitation may seek to qualify for the preference and governmental bodies conducting this solicitation shall award a contract to a bidder who offers environmentally preferable products subject to the conditions in the Code and Procurement Rules.

6. All Certificates of Insurance, as stated in the State of Colorado Solicitation Instructions/Terms and Conditions, must be on file in the College's Purchasing Office.

7. A Contractor that operates as a sole proprietor hereby swears or affirms under penalty of perjury that the Contractor (i) is a citizen of the United States or otherwise lawfully present in the United States pursuant to federal law, (ii) shall comply with the provisions of CRS 24-76.5-101 et seq, and (iii) shall produce one of the forms of identification required by CRS 24-76.5-103 prior to the effective date of this Contract. Except where exempted by federal law and except as provided in CRS 24-76.5-103(3), a Contractor that receives federal or state funds under this contract must confirm that any individual natural person eighteen years of age or older is lawfully present in the United States pursuant to CRS 24-76.5-103(4) if such individual applies for public benefits provided under this contract. Attachment B

8. Contract performance outside of the United States or Colorado, 24-102-206. Prior to contracting or as a requirement for the solicitation of any contract from the State for services, as appropriate, any prospective vendor shall disclose in a statement of work where services will be performed under the contract, including subcontracts, and whether any services under the contract or subcontracts are anticipated to be performed outside of the United States or the State. If the prospective vendor anticipates services under the contract or any subcontracts will be performed outside the United States or the State, the vendor shall provide in its statement of work a provision setting forth why it is necessary or advantageous to go outside the United States or the State to perform the contract or any subcontracts.

9. ILLEGAL ALIENS–PUBLIC CONTRACTS FOR SERVICES. CRS 8-17.5-101 and 24-76.5-101. The Contractor certifies that the Contractor shall comply with the provisions of CRS 8-17.5-101 et seq. The Contractor shall not knowingly employ or contract with an illegal alien to perform work under this contract or enter into a contract with a subcontractor that fails to certify to the Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this contract. The Contractor represents, warrants, and agrees that it (i) has verified that it does not employ any illegal aliens, through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and Department of Homeland Security, and (ii) otherwise will comply with the requirements of CRS 8-17.5-102(2)(b). The Contractor shall comply with all reasonable requests made in the course of an investigation under CRS 8-17.5-102 by the Colorado Department of Labor and Employment. If the Contractor fails to comply with any requirement of this provision or CRS 8-17.5-101 et seq., the State may terminate this contract for breach and the Contractor shall be liable for actual and consequential damages to the State. Attachment C

10. PERA. TSJC is a Colorado PERA affiliated employer. Pursuant to Colorado SB06-235 and C.R.S. 24-51-1101(2), TSJC is requiring the vendor to complete the PERA form located at Attachment D.

11. Service-Disabled Veteran Owned Small Business (SDVOSB). An SDVOSB preference will be given, if applicable. SDVOBs must be incorporated or organized in Colorado or they must maintain a place of business or have an office in Colorado. In order to be given preference, the bidder must submit documentation of SDVOSB certification issued through the U.S. Department of Veterans Affairs with their response to the solicitation. Preference shall be applied in the form of a 5% deduction of the total bid, once the deduction has been applied if the SDVOSB is the low bidder they will receive the award. College will pay the total bid without the deduction.

12. It is the State’s goal to achieve maximum participation of minorities and women owned businesses in the procurement process, Accordingly, minority and women owned business enterprises are to be utilized whenever possible.

III. General Product Specification Information:

1. Items offered must be new (not used, remanufactured, refurbished, rebuilt, etc.) and of the manufacturer’s current model and are not to contain components that are not newly manufactured, unless specifically stated otherwise in the bid specifications. Items are to come in original manufacturer’s packaging. Manufacturer’s warranty and any offered rebates, as applicable, must be included.

2. The specifications and part numbers listed are based on the latest information available to the agency. Vendors finding fault in the specifications contained in this quote should notify the purchasing agent prior to quote’s due date and time.

3. Quotes must be in accordance with specifications set forth by the State of Colorado’s Terms and Conditions and subject to conditions herein and/or attached. TSJC will use the State of Colorado Purchase Order Terms & Conditions and the special provisions with any purchase or lease.

4. FOB: Destination Prepaid, Chuck Graham - TSJC, Mining Tech – 2702 Freedom Road, Trinidad, CO 81082 To be delivered by: February 15, 2016

5. If bidding an equivalent, Specifications must be attached to bid to be considered responsive.

Questions & Answers:

1. Section II – 2: “Multiple bids will not be accepted” We would like to request the ability to submit multiple offers ranging in price, age, hours, and cosmetic condition as multiple units are available at varying price points within your spec req’s. Each vendor is to submit one best offer bid.

Answer: Additional bids will be accepted if vendor has multiple equipment options that fit the bidding criteria.

2. Section II – 2: If only one is allowed per bidder can the customer confirm the evaluation factors for this opportunity? (i.e. Lowest Price technically acceptable, newest possible unit within the specified budget, most cosmetically pleasing unit, etc)

Answer: Additional bids will be accepted if vendor has multiple equipment options that fit the bidding criteria.

3. Section III – 1. States, Items offered must be new (not used, remanufactured, refurbished, rebuilt, etc.)…” Since this bid is for the purchase of a USED machine we would like to request that this term be removed.

Answer:

Note: Used equipment in working condition acceptable, based upon inspection by Trinidad State Junior College representative.

IV. SCOPE OF WORK OR SPECIFICATIONS

TRINIDAD STATE JUNIOR COLLEGE

QUOTE RESPONSE SHEET

TSJC DQ 15-15

· Looking for a machine equal to or better than

CAT140H OR JOHN DEERE 770CH

· BIDS EXCEPTED ON COMPLETION OF INSPECTION

** BID NOT TO EXCEED $75,000.00

FREIGHT – (Must include shipping)

1. Warranty: Please specify warranty/guarantee offered with this purchase:

THE FOLLOWING MUST BE COMPLETED:

Vendor

Assured Delivery Date

Terms

Address

Phone

Fax

E-mail Address

Signature/Date

Printed Name Of Signature

Using the Federal Government definition, does your firm qualify as:

out in the bid)

A member of the State of ColoradoVss System

YES _____ NO_____

Federal Identification #

Attachment A

Form W-9 Substitute Form State of Colorado 8-2007 Request for Taxpayer Identification Number and Certification

Give form to the requester. Do not send to the IRS.

Print or Type See Specific Instructions on page 3.

Name

Business name, if different from above

Check appropriate box:

City, state, and ZIP code.

List Account number(s) here (optional)

Phone Number:

Enter your TIN in the appropriate box. For individuals, this is your social security number (SSN) However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN on page 3.

Social Security number

Note: If the account is in more than one name, see the chart on page 3 for guidelines on whose number to enter.

Employer identification number

Minority and Women-owned Businesses (M/WBEs) Self Certification (Please check all boxes that apply)

In an effort to track levels of participation by women and minorities doing business with the State of Colorado, the following information is requested. Please indicate the appropriate category of ownership for your company. “Owned” in this context means a business that is at least 51 percent owned by an individual(s) who also control(s) and operate(s) it. “Control” in this context means exercising the power to make policy decisions. “Operate” means actively involved in the day-to-day management. If you business is jointly owned by both men and women or is a large publicly held corporation, please check the box labeled “Not Applicable.”

Gender Information:

□ Female-Owned □ Male-Owned □ Not Applicable

Owner Ethnicity Information

□ African American □ Asian/Pacific American □ White (non-Hispanic) □ Not Applicable

□ Hispanic American □ Native American □ Other: _____________________________

Small Business Information

Small Business (a business that is organized for profit, is independently owned and operated, and has 25 or fewer full time equivalent employees.)

□ Yes □ No

Sign Here Signature of U.S. person ► Date ►

Attachment B

HOUSE BILL 1023 IDENTIFICATION REQUIREMENT

As required by C.R.S. 24-76.5-103

FOR SOLE PROPRIETOR’S ONLY (see paragraph II, 7)

PLEASE PLACE AN ENLARGED COPY OF ONE OF THE FOLLOWING IN THIS SPACE:

A valid state issued Driver’s License that is considered to be an official form of identification by the issuing state; or

A United States military card or a military dependents identification card; or

A United States Coast Guard Merchant Mariner Card; or

A Native American Tribal Document

Place Notary Stamp or Seal above

Printed Name of Authorized Notary (Faxed copies must be notarized in order to be considered acceptable) Attachment C

STATE OF COLORADO

CERTIFICATION AND AFFIDAVIT

REGARDING ILLEGAL ALIENS

(Ref paragraph II, 9)

The Vendor, whose name and signature appear below, certifies and agrees as follows:

1. The Vendor shall comply with the provisions of CRS 8-17.5-101 et seq. The Vendor shall not knowingly employ or contract with an illegal alien to perform work for the State or enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien.

2. The Vendor represents, warrants, and agrees that it (i) has verified that it does not employ any illegal aliens, through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and Department of Homeland Security, and (ii) otherwise shall comply with the requirements of CRS 8-17.5-102(2)(b).

3. The Vendor shall comply with all reasonable requests made in the course of an investigation under CRS 8-17.5-102 by the Colorado Department of Labor and Employment. If the Vendor fails to comply with any requirement of this provision or CRS 8-17.5-101 et seq., the State may terminate work for breach and the Vendor shall be liable for actual and consequential damages to the State.

4. If the Vendor is a sole proprietor, the undersigned hereby swears or affirms under penalty of perjury under the laws of the State of Colorado that (check one):

___ I am a United States citizen, or ___ I am a Permanent Resident of the United States, or ___ I am lawfully present in the United States pursuant to Federal law.

I understand that this sworn statement is required by law because I am a sole proprietor entering into a contract to perform work for the State of Colorado. I understand that state law requires me to provide proof that I am lawfully present in the United States prior to starting work for the State. I further acknowledge that I will comply with the requirements of CRS 24-76.5-101 et seq. and will produce the required form of identification prior to starting work. I acknowledge that making a false, fictitious, or fraudulent statement or representation in this sworn affidavit is punishable under the criminal laws of Colorado as perjury in the second degree under CRS 18-8-503 and it shall constitute a separate criminal offense each time a public benefit is fraudulently received.

CERTIFIED and AGREED to this ______ day of _________________, 20_____.

VENDOR:

Address:

Attachment D

PERA RETIREE QUESTIONNAIRE FOR PERSONAL SERVICES CONTRACT

Trinidad State Junior College (TSJC) is required to pay an employer contribution to the Colorado Public Employees’ Retirement Association (PERA) based on the amount paid to any PERA retiree. Therefore, please assist PPCC in identifying any PERA retirees associated with this contract by completing the following:

Is this business entity owned or operated by a PERA retiree or an affiliated party of the PERA retiree? _____YES _____NO

Are any individuals working with this contract PERA retirees?

_____YES _____NO

If you answered yes to either question above, please list the name, address, telephone number, and social security number of the PERA retiree and explain in what capacity the PERA retiree is involved with this contract.

Name: ________________________________________________________________

Address: ______________________________________________________________

Telephone # ___________________________________________________________

In what capacity is the PERA retiree involved with this contract?

Print Vendor Name: ___________________________________________________________________

Vendor Signature: _____________________________________________ Date: _________________

PURCHASE ORDER TERMS AND CONDITIONS

1. Offer/Acceptance. If this purchase order refers to your bid or proposal, then this purchase order is an ACCEPTANCE of your OFFER TO SELL in accordance with the terms and conditions of the IFB/RFP, as stated in your bid. If no bid or proposal is referenced, the purchase order is an OFFER TO BUY, subject to your acceptance, which must be demonstrated by either your performance of the purchase order or by a formal acknowledgment in writing. Any COUNTER-OFFER TO SELL is automatically construed as a CANCELLATION of this purchase order unless a change order is issued accepting a counter-offer. In the event vendor form(s) or part(s) of forms are included in, or as an attachment to, any bid, proposal, offer, acknowledgment, or otherwise, vendor agrees that, in the event of inconsistencies or contradictions, the terms and conditions of the solicitation document and this purchase order shall supersede and control over those contained in the vendor’s form(s) regardless of any statement to the contrary in a vendor form(s). Unless the purchasing agent specifically agrees in writing through overt reference or other express written indication of assent, terms and conditions on vendor forms regarding choice of law, venue, warranty disclaimer or exclusion, indemnification or limitation of liability shall be of no effect.

2. Safety Information. All chemicals, equipment and materials proposed and/or used in the performance of this purchase order must conform to the standards required by the William-Steiger Occupational Safety and Health Act of 1970. Bidders must furnish all Material Safety Data Sheets (MSDS) for any regulated chemicals, equipment or hazardous materials at the time of delivery.

3. Changes. The vendor agrees to furnish the products and/or services in strict accordance with the specifications, and at the price set forth for each item. Nothing in the purchase order may be added to, modified, superseded or otherwise altered except in writing signed by an authorized representative of the state agency purchasing office and acknowledged by the vendor. Each shipment received or service performed shall be only upon the terms contained in the purchase order, notwithstanding any terms that may be contained in any invoice or other act of vendor other than acknowledgment of a written change order to the purchase order.

4. Delivery. Unless otherwise specified, in the solicitation or in this order, delivery shall be F.O.B. destination. In its acceptance of any quotation offer, the state agency is relying on the promised delivery date, installation, or service performance as material and basic to its acceptance. In the event of vendor’s failure to deliver or perform as and when promised, the state agency reserves the right to cancel its order, or any part thereof, without prejudice to its other rights, and vendor agrees that the state agency may return all or part of any shipment so made, and may charge vendor with any loss or expense sustained as a result of such failure to deliver or perform as promised. Time is of the essence.

5. Rights in Data, Documents, and Computer Software or Other Intellectual Property (State Ownership). Unless otherwise agreed in writing, any software, research, reports, studies, data, photographs, negatives or other documents, drawings or materials delivered by vendor in the performance of its obligations under this purchase order shall be the exclusive property of the State. The ownership rights described herein shall include, but not be limited to, the right to copy, publish, display, transfer, prepare derivative works, or otherwise use the works.

6. Quality. The State will be the sole judge in determining “equals” with regard to quality, price and performance. All products delivered shall be newly manufactured and of the manufacturer’s current model, unless otherwise specified.

7. Warranties. All provisions and remedies of the Uniform Commercial Code relating to both implied and expressed warranties are herewith referred to and made a part of these Terms and Conditions and are in addition to any warranties stipulated in the specifications.

8. Inspection and Acceptance. Final acceptance is dependent upon completion of all applicable inspection procedures. Should the products or services fail to meet any inspection requirements the State may exercise all of its rights, including those provided in the Uniform Commercial Code. In the case of services, the State reserves the right to inspect services provided under this contract at all reasonable time and places. "Services" as used in this clause includes services performed or tangible material produced or delivered in the performance of services. If any of the services do not conform with purchase order requirements, the State may require the vendor to perform the services again in conformity with purchase order requirements, with no additional payment. When defects in the quality or quantity of service cannot be corrected by re-performance, the State may (1) require the vendor to take necessary action to ensure that the future performance conforms to purchase order requirements and (2) equitably reduce the payment due the vendor to reflect the reduced value of the services performed. These remedies in no way limit the remedies available to the State in the termination provisions of this purchase order or remedies otherwise available at law.

9. Cash Discount. The cash discount period will start from date of receipt of acceptable invoice, or from date of receipt of acceptable products/services at the specified destination by an authorized agency representative, whichever is later.

10. Taxes. The state agency, as purchaser, is exempt from all federal excise taxes under Chapter 32 of the Internal Revenue Code [No. 84-730123K] and from all state and local government use taxes [C.R.S. 39- 26-114(a) and 203, as amended]. Tax exempt numbers for the specific state agency may be found elsewhere in this document. Vendor is hereby notified that when materials are purchased for the benefit of the State, such exemptions apply except that in certain political subdivisions (for example - City of Denver) the vendor may be required to pay sales or use taxes even though the ultimate product or service is provided to the State. These sales or use taxes will not be reimbursed by the State.

11. Prompt Payment. State law and regulations provide that vendors will be paid within forty-five days after receipt of products or services and a correct notice of amount due, unless otherwise agreed to by contract or special conditions of the purchase order. A State liability not paid within forty-five days is considered delinquent and, unless otherwise agreed to, interest on the unpaid balance shall be paid beginning with the forty-sixth day at the rate of one percent per month on the unpaid balance until paid in full. A liability shall not arise if a good faith dispute exists as to the agency’s obligation to pay all or a portion of the liability. Vendors shall invoice the State separately for interest on delinquent amounts due. The billing shall reference the delinquent payment, the number of day’s interest to be paid and the applicable interest rate.

[Ref. Sec 24-30-202(24), C.R.S., as amended.]

12. Vendor Offset. Pursuant to CRS 24-30-202.4, as amended, the State Controller may withhold payment for debts owed to state agencies under the vendor offset intercept system for: (a) unpaid child support debt or child support arrearages; (b) unpaid balance of tax, accrued interest, or other charges specified in Article 21, Title 39, CRS; (c) unpaid loans due to the Student Loan Division of the Department of Higher Education; (d) owed amounts required to be paid to the unemployment compensation fund; and (e) other unpaid debts owing to the state or any agency thereof, the amount of which is found to be owing as a result of final agency determination or reduced to judgment as certified by the State Controller.

13. Assignment and Successors; Antitrust Claims. The vendor shall not assign rights or delegate duties under this purchase order, or subcontract any part of the performance required under the purchase order, without the express, written consent of the State, which shall not be unreasonably withheld. This purchase order shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. Assignment of accounts receivable may be made only with written notice furnished to the purchasing agency or institution.

14. Indemnification. In the event any article sold or delivered under this purchase order is covered by any patent, copyright, trademark, or application therefor, the vendor will indemnify and hold harmless the State of Colorado from any and all loss, liability, cost, expenses and legal fees incurred on account of any claims, legal actions, or judgments arising out of manufacture, sale or use of such article in violation, infringement or the like of rights under such patent, copyright, trademark or application. If this purchase order is for services, to the extent authorized by law, the vendor shall indemnify, save, and hold harmless the State, its employees and agents, against any and all claims, damages, liability and court awards including costs, expenses, and attorney fees incurred as a result of any act or omission by the vendor, or its employees, agents, subcontractors or assignees arising out of or in connection with performance of services ordered by this purchase order.

15. INDEPENDENT CONTRACTOR. THE VENDOR SHALL PERFORM ITS DUTIES HEREUNDER AS AN INDEPENDENT CONTRACTOR AND NOT AS AN EMPLOYEE. NEITHER THE VENDOR NOR ANY AGENT OR EMPLOYEE OF THE VENDOR SHALL BE OR SHALL BE DEEMED TO BE AN AGENT OR EMPLOYEE OF THE STATE. VENDOR SHALL PAY WHEN DUE ALL REQUIRED EMPLOYMENT TAXES AND INCOME TAX WITHHOLDING INCLUDING ALL FEDERAL AND STATE INCOME TAX AND LOCAL HEAD TAX ON ANY MONIES PAID PURSUANT TO THIS CONTRACT. VENDOR ACKNOWLEDGES THAT THE VENDOR AND ITS EMPLOYEES ARE NOT ENTITLED TO UNEMPLOYMENT INSURANCE BENEFITS UNLESS THE VENDOR OR A THIRD PARTY PROVIDES SUCH COVERAGE AND THAT THE STATE DOES NOT PAY FOR OR OTHERWISE PROVIDE SUCH COVERAGE. VENDOR SHALL HAVE NO AUTHORIZATION EXPRESS OR IMPLIED TO BIND THE STATE TO ANY AGREEMENTS, LIABILITY, OR UNDERSTANDING EXCEPT AS EXPRESSLY SET FORTH HEREIN. VENDOR SHALL PROVIDE AND KEEP IN FORCE, WORKERS’ COMPENSATION (AND SHOW PROOF OF SUCH INSURANCE UPON REQUEST) AND UNEMPLOYMENT COMPENSATION INSURANCE IN THE AMOUNTS REQUIRED BY LAW, AND SHALL BE SOLELY RESPONSIBLE FOR THE ACTS OF VENDOR, ITS EMPLOYEES, AND AGENTS.

16. Communication. All communications, including reports, notices, and advice of any nature, concerning administration of this purchase order, prepared by vendor for the state agency’s use, must be furnished solely to the Purchasing Agent within the agency purchasing office.

17. Compliance with Laws. Vendor agrees to comply with all applicable federal and state laws, regulations and policies, as amended, including those regarding discrimination, unfair labor practices, anti-kick-back and collusion.

18. Americans with Disabilities Act (ADA) Requirements. If this solicitation contemplates the provision of state services to the public, the vendor shall, in addition to any other requirements under Title 11 of the Americans with Disabilities Act, comply with the Title 11 requirements of the Americans with Disabilities Act regarding the accessibility of the State’s services and programs, as an explicit requirement. The vendor assures that, at all times during the performance of any resulting contract, no qualified individual with a disability shall, by reason of that disability, be excluded from participation in, or be denied benefits of, services, programs, or activities performed by the vendor for the benefit of the State.

19. Insurance. The vendor shall obtain, and maintain at all times during the term of this purchase order, insurance as specified in the solicitation or order, and shall provide proof of such coverage.

20. Termination for Default/Cause.

a. Except as otherwise agreed, the Uniform Commercial Code shall govern in the case of transactions in goods. In the case of services, if the vendor refuses or fails to timely perform any of the provisions of this purchase order, with such diligence as will ensure its completion within the time specified in this purchase order, the Purchasing Agent may notify the vendor in writing of the non-performance, and if not promptly corrected within the time specified, such officer may terminate the vendor's right to proceed with the purchase order or such part of the purchase order as to which there has been delay or a failure to properly perform. The vendor shall continue performance of the purchase order to the extent it is not terminated and shall be liable for excess costs incurred in procuring similar goods or services elsewhere. Payment for completed services performed and accepted shall be at the purchase order price.

b. In the case of remedies exercised under this paragraph for services, or analogous remedies exercised under the Uniform Commercial Code for transactions in goods, the purchasing agency may withhold amounts due to the vendor as the Purchasing Agent deems to be necessary to reimburse the purchasing agency for the excess costs incurred in curing, completing or procuring similar goods and services.

c. In the case of either transactions in goods or services, the vendor shall not be in default by reason of any failure in performance of this purchase order in accordance with its terms if such failure arises out of acts of God; acts of the public enemy; acts of the State and any governmental entity in its sovereign or contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes or other labor disputes; freight embargoes; or unusually severe weather.

d. If after rejection, revocation, or other termination of the vendor's right to proceed under the provisions of the Uniform Commercial Code (in the case of transactions in goods) or this clause (in the case of services), it is determined for any reason that the vendor was not in default under the provisions of this clause, or that the delay was excusable, the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to the termination for convenience clause.

21. Termination for Convenience.

a. Cancellation Prior to Contract Formation. When this purchase order is not accepted by written acknowledgment, this purchase order may be canceled by written or oral notice to the vendor prior to shipment of goods or beginning of performance of services.

b. Termination after Contract Formation. Unless otherwise agreed in writing, in addition to the rights and remedies governing transactions in goods in the Uniform Commercial Code, the Purchasing Agent may when the interests of the purchasing agency so require terminate this purchase order in whole or in part, for the convenience of the agency or institution. The Purchasing Agent shall give written notice of the termination to the vendor specifying the part of the purchase order terminated and when termination becomes effective. Upon receipt of the notice of termination, the vendor shall incur no further obligations except to the extent necessary to mitigate costs of performance. In the case of services or specially manufactured goods, the State shall pay reasonable settlement expenses, the contract price or rate for supplies and services delivered and accepted, the reasonable costs of performance on unaccepted supplies and services, and a reasonable profit for that unaccepted work, in accordance with the cost principles promulgated in accordance with section 24-107-101, Colorado Revised Statutes, as amended. In the case of existing goods, the State shall pay reasonable settlement expenses, the contract price for goods delivered and accepted, reasonable costs incurred in preparation for delivery of the undelivered goods, and a reasonable profit for that preparatory work. The amount of the termination liability under this paragraph shall not exceed the amount of the purchase order price plus a reasonable cost for settlement expenses. The vendor agrees to submit a termination proposal as well as reasonable supporting documentation, cost and pricing data, and a certification required by section 24-106-101, C.R.S., as amended, upon request of the Purchasing Agent.

22. Purchase Order Approval. This purchase order shall not be deemed valid unless it is executed by the Purchasing Agent for the purchasing state agency or institution. The State shall have no responsibility or liability for products or services delivered or performed prior to proper execution hereof.

23. Fund Availability; Federal Funds Contingency. Financial obligations of the State of Colorado payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. If this purchase order is funded in whole or in part with federal funds, this purchase order is subject to and contingent upon the continuing availability of federal funds for the purposes hereof. If this purchase order contemplates the purchase of goods to be delivered in a single installment, the State represents that it has set aside sufficient funds to make payment under this purchase order in accordance with its terms.

24. Choice of Law. This purchase order is made in the State of Colorado. The laws of the State of Colorado shall govern in connection with the formation, performance and the legal enforcement of this purchase order. Unless otherwise specified in the solicitation or this order, venue for any judicial action arising out of or in connection with this purchase order shall be in Denver, Colorado. Vendor shall exhaust administrative remedies in § 24-109-106, Colorado Revised Statutes, as amended, prior to commencing any judicial action against the State.

25. Uniform Commercial Code. All references in this purchase order to the Uniform Commercial Code shall mean the Uniform Commercial Code as adopted by the State of Colorado at Title 4, Colorado Revised Statutes, as amended.

26. Non-discrimination. The vendor agrees to comply with the letter and spirit of all applicable state and federal laws respecting discrimination and unfair employment practices.

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