Solicitation_terms.doc

Conditions and Instructions to Bidders

1. Bidders shall use the prescribed forms and/or electronic medium available for Bids/Quotes. Whenever, in a bid/quote and specifications, an article or material is defined by using a trade name and catalog number of a manufacturer or vendor, the term "or approved equal", if not inserted therewith, shall be implied. Any reference to a particular manufacturer's product either by trade name or by limited description has been made solely for the purpose of more clearly indicating the minimum standard of quality desired. The term "or approved equal" is defined as meaning any other make which in the opinion of the Director is of such character, quality and performance equivalence as to serve the purpose for which it is to be used equally as well as that specified. Consideration will be given to proposals submitted on alternate commodities to the extent that such action is deemed to serve the best interests of the State. The bidder quoting on a commodity other than as specified shall furnish complete identification, descriptive literature or data with respect to the alternate commodity he/she proposes to furnish. Lack of such information on the bid/quote may be construed to mean that the bidder proposes to furnish the commodity as described.

2. SUBMIT A SEPARATE UNIT PRICE for each item unless otherwise specified in the bid/quote request. Award will be made on a basis of each item, or as a group, whichever is to the best interest of the State. Prices should be stated in units of the quantity specified, delivered to destination, including all trade and/or quantity discounts. Cash discounts on payments within 20 days or more are considered in determining final bid price as specified in item 17. A response to a bid/quote is considered valid upon submission by the bidder and acceptance into the electronic system.

3. Unless specifically directed, otherwise, all bids/quotes shall be electronically submitted through the secure response system. The State of Maine is not responsible for delays due to network congestion or other access difficulties.

4. Bids/quotes, amendments received after opening date and time will not be considered. Bids/quotes may be withdrawn by written, telegraphic notice provided such notice is received prior to the final contract/order.

5. Bids/quotes are opened electronically. Tabulations will, after the award of the contract, be available for public inspection.

6.Any discrepancy between unit and total prices will be governed by unit price on the original bid/quote.

7. The Division of Purchases reserves the right to reject any or all bids/quotes, to waive any formality or technicality in bids/quotes, and, unless otherwise specified by the bidder, to accept any item or items in the bid/quote deemed in the best interest of the State of Maine.

8. Awards will be made to the best value, responsible bidder. The quality of the services supplies, materials or equipment to be supplied, their conformity with specifications, the purpose for which required, date of delivery, and ultimate cost thereof to the State, are the general value components that will best secure the greatest possible economy consistent with the grade or quality of services, supplies, materials and equipment best adapted for the purpose for which intended.

9. Tie bids/quotes will be resolved by awarding to the in-state bidder (or bidder of product manufactured in Maine), if one exists or by the drawing of lots, provided that price, quality, availability and other factors are equivalent. The Director of the Division shall determine the appropriate mechanism and value criteria in this circumstance.

10. Where grades are not specified in inquiry, give grade on which you quote, using formats which have a definite meaning to the trade.

11. Samples of items, when required, must be furnished free of charge and, if not destroyed, will upon request be returned COLLECT, unless STAMPS for postage and insurance are forwarded with sample. Delivery instructions and deadlines are included within the text of bid document.

12. The contractor must furnish the item as specified on the Purchase Order and any deviation therefrom will be grounds for rejection.

13. The Division of Purchases reserves the right to increase or decrease by 10% the quantities of any item or items ordered unless otherwise stated.

14. All transportation charges, including expense for freight, transfer, express, mail etc., shall be prepaid and be at the expense of the contractor unless otherwise specified in the bid/quote.

15. All deliveries shall comply in every respect with all applicable Federal, State and local laws and regulations.

16. Please specify terms and cash discounts. Time, in connection with discount offered, will be computed from date of delivery at destination after final inspection and acceptance, or from date of receipt of correct invoice, whichever is later. A prompt payment discount percentage under 20 days will not be considered in the awarding of a contract due to normal accounting procedure in the issuance of payment. A bid or quote with standard terms stating "less than 25 days net" will not be considered unless in the best interest of the State.

17. Time of delivery must be stated in definite terms. If time varies for different items, the bidder shall so state. If time is of the essence, the earliest delivery date may be a factor in the award.

18. The State is exempt from the payment of Federal Taxes on articles not for resale. Please bid/quote less these taxes. Exemption certificate will be furnished at issuance of Purchase Order when requested.

19. Maine State Sales and Use Taxes should not be included in your bid/quote as the State is exempt from the payment of such taxes and no certificate of exemption is necessary.

20. No contract may be assigned, sublet or transferred without the written consent of the Director.

21. In case of default by the contractor, the right is reserved by the Division of Purchases to procure the material or supplies from other sources and charge any excess cost occasioned thereby to the contractor. However, the contractor shall not be held liable for any failure or delays in fulfillment of his contract arising from strikes, fires, or Act of God, or any other cause(s) which by reasonable diligence could not be prevented.

22. Failure to submit bids/quotes on three consecutive requests may, at the discretion of the Director, result in your name being removed from the register of bidders.

23. All manufacturers, importers, suppliers, or distributors of hazardous chemicals provided to the State, must provide a copy of the current material safety data sheet for any hazardous chemical to their direct purchasers of that chemical.

DIRECTOR OF PURCHASES

Betty M. Lamoreau

Revised 4/19/00