Instructions to Bidders - Non-Construction 2024.doc

THE CITY OF ASPENPRIVATE

INSTRUCTIONS TO SUPPLIERS

OF GOODS AND SERVICES

1.

The City of Aspen has advertised to invite Suppliers to submit quotes as more fully described in the Invitation. The following instructions have been prepared to assist Suppliers in the preparation of their Quote. These instructions may be altered by the City whenever it is deemed necessary in the best interests of the City.

2.

The Contract Documents for this project shall consist of the following documents:

A.

Invitation (Public Notice and Letters to Suppliers).

B.

Instructions to Suppliers.

C.

Addenda, if any.

D.

Quotes submitted by Suppliers.

E.

Qualification Form, if any.

F.

Notice of Award.

G.

Agreement.

3.

Information contained in the Contract Documents, as completed during the contract award process, shall be the basis for the Quotes, and nothing shall be deemed to change or supplement this basis except for written revisions to the above documents issued by the City of Aspen.

4.

The City of Aspen reserves the right to reject any or all Quotes or accept what is, in its judgment, the best Quote. The City further reserves the right, in the best interests of the City, to waive any technical defects or irregularities in any and all Quotes submitted, and to negotiate contract terms with the Successful Suppliers, and the right to disregard all nonconforming, nonresponsive or conditional Quotes. Discrepancies between words and figures will be resolved in favor of words. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum.

5.

The cost of quote preparation shall be borne solely by the persons or entities submitting quotes.

6.

The following procedures or steps shall be followed after the issuance or publication of Invitation to Suppliers:

A. Before submitting a Quote, each Supplier must (a) examine the Contract Documents thoroughly, (b) visit the site, if any, to familiarize her/himself with local conditions that may in any manner affect cost, progress or performance of the Goods or Services proposed, (c) familiarize her/himself with federal, state and local laws, ordinances, rules and regulations that may in any manner affect costs, progress or performance of the Goods or Services; (d) familiarize her/himself with the unique weather conditions of the City of Aspen and surrounding area that may affect costs, progress or performance of Goods or Services; and (e) study and carefully correlate Supplier’s observations with the Contract Documents.

D.

Reference is made to the Invitation to Suppliers for the identification of those reports of investigations and tests of subsurface and latent physical conditions at the site or otherwise affecting cost, progress or performance of the Goods or Services which have been relied upon by the City of Aspen or a consultant in preparing any Drawings or Specifications. These reports are not guaranteed as to accuracy or completeness, nor are they part of the Contract Documents. Before submitting her/his Quote each Supplier will, at her/his own expense, make such additional investigations and tests as the Supplier may deem necessary to determine her/his Quote for performance of the Goods or Services offered in accordance with the time, price and other terms and conditions of the Contract Documents.

E.

Reference is made to the Invitation to Suppliers to determine the place, date, and time for submitting quotes for this project.

F.

Quotes shall be submitted at the time and place indicated in the Invitation to Suppliers.

G.

Quotes may be modified or withdrawn by an appropriate document duly executed and delivered to the place where Quotes are to be submitted at any time prior to the deadline for submitting. If, within twenty-four (24) hours after Quotes are opened, any Supplier files a duly signed written notice with the City of Aspen and promptly thereafter demonstrates to the reasonable satisfaction of the City of Aspen that there was a material and substantial mistake in the preparation of her/his Quote, that the Supplier may withdraw her/his Quote. Thereafter that Supplier shall be disqualified from submitting a Quote.

I.

At the place, date and time fixed for opening Quotes, all Quotes received prior to that time shall be opened and reviewed. All Quotes shall remain open for a period of thirty (30) days, but the City may, in its sole discretion, release any Quote.

K.

The City shall then evaluate each Quote in the best interests of the City of Aspen. The Quotes shall be evaluated to determine which are the most advantageous to the City of Aspen taking into consideration price, the evaluation factors set forth at Section 3-14(f) of the Aspen Municipal Code, and any factors set forth in the Invitation to Suppliers.

J.

Prior to accepting a Quote, the City may decide to interview one or more Supplier to negotiate final contract terms for inclusion in the Agreement.

K.

To demonstrate qualifications to supply the Goods or Services, each Supplier must be prepared to submit within five (5) days of a request, financial data, previous experience or evidence of authority to conduct business in the state of Colorado.

L.

Upon determining the successful Supplier, the City of Aspen shall send to the Successful Supplier a Notice of Award notifying the recipient of the City's acceptance of the Supplier’s Quote, subject to the City Manager approval of the Contract Documents. The Notice of Award shall also forward to the presumptive Successful Supplier an unexecuted copy of the Agreement with instructions to execute and return the same to the City within the specified number of days or risk having their Quote declared abandoned. If the proposed Agreement shall be for an amount in excess of $100,000.00, the City Council at its next regularly scheduled meeting following receipt by the City of the duly executed copies of the Agreement shall be asked to consider approval of the Agreement and authorize the Mayor of the City of Aspen to execute the same. If the proposed Agreement shall be in an amount equal to or less than $100,000.00 the City Manager shall be asked to consider approval of the Agreement by executing the same.

M.

Upon receipt of all documents required by the Notice of Award and upon approval of the Agreement by the City Council or City Manager, the Successful Supplier shall be sent a Notice to Proceed along with a copy of the Agreement duly executed by the City Manager or Mayor of the City of Aspen.

7.

All purchases of supplies, construction or building materials shall not include Federal Excise Taxes or Colorado State or local sales or use taxes. The City of Aspen's State of Colorado tax identification number is 98-04557. The City of Aspen's Federal Tax Identification Number is 84-6000563.

8.

There are specific indemnity and insurance requirements which the Successful Supplier must comply with prior to the delivery of the procurement. These requirements are set forth in detail in the Agreement.

9.

The submission of a Quote will constitute an incontrovertible representation by the Supplier that he has complied with every requirement of these instructions and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for the delivery of the procurement(s).

10.

Reference is made to the Invitation to Suppliers for the identity of the City of Aspen's Procurement Officer who will coordinate all aspects of the selection process. All questions about the meaning or intent of the Contract Documents shall be submitted to Purchasing in writing via email. Replies will be issued by Addenda. Questions received less than ten (10) days prior to the date of Quote openings may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

instruc3.Quote – version 1/02/2024