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Solicitation Process

By submitting a bid, the Respondent agrees to the following terms and conditions that govern the bid solicitation process:

1. Submitting Bids: All Respondents must submit their responses electronically, unless the University specifies otherwise.  It is the Respondent’s responsibility to ensure that its bid is submitted in the University’s electronic software purchasing system before the applicable deadline.  Respondents must submit all required documents with their bid. A Respondent may not submit additional or supplemental documents or amend its bid after the bid deadline. Responses not received by the University in the manner specified and by the time specified will not be considered.
2. Bid Preparation Costs: Respondent is responsible for the preparation costs related to the bid. The University will not pay any costs in the preparation or submission of a bid.  
3. Assistance to Respondents with a Disability: If a Respondent has a disability, the University will make reasonable accommodations to allow them to participate, provided that the individual requesting assistance contacts the Solicitation Coordinator no later than 10 days before the response deadline.
4. Questions/Interpretations: If any Respondents find discrepancies in, or omissions from, the University’s solicitation documents, or be in doubt as to their meaning, the Respondent must notify Procurement Services in writing no later than 5 business days prior to the bid response deadline.  Procurement Services will reply to Respondent’s inquiries via written addendum and will publish this addendum with the bid documents to all prospective bidders, unless Procurement Services exercises its discretion to reply only to the respondent. It is the Respondent’s responsibility to ensure that Procurement Services has received Respondent’s questions, and to check the electronic bidding system to see if Procurement Services has issued any amendments or addenda.
5. Time of Acceptance: If a Respondent fails to state a time within which a bid must be accepted, Respondent acknowledges that its proposal shall remain valid for 120 calendar days beyond the bid opening date, or until 30 days after the date that any protest is resolved, whichever is longer, and the University may accept the proposal at any time within that time period.
6. Authority to Bind: Respondent’s representative states they have authority to respond to the University’s bid on behalf of Respondent.
7. Confidentiality: The University will not sign non-disclosure or confidentiality agreements related to respondent’s response to any bid.  91����Ƶ law limits the University’s ability to withhold records from public disclosure.  Respondents should assume that all documentation, including pricing, submitted to the University will be subject to public disclosure.  The University hereby notifies all Respondents that placing confidentiality notices on documents submitted to the University does not make the documents confidential under 91����Ƶ law.  The University will not be bound by such notices.  Moreover, the University will not agree to provide advanced notice of any public disclosure or agree to assist the respondent to limit disclosure.
8. Brand Names/Alternative Products: Unless specified “No Substitutes,” any catalog brand name or manufacturer’s reference used in the bid is descriptive only, not restrictive, and used to indicate the type and quality desired. Bids on brands of like nature and quality will be considered. If bidding on other than the referenced specifications the bid must show the manufacturer, brand or trade name, and other descriptions, and should include the manufacturer’s illustration and complete description of the products offered. If the Respondent fails to submit the required documentation, the bid may be rejected. The University may determine whether a substitute offered is equivalent to and meets the standards of the item specified. The University may require the Respondent to supply additional descriptive material. The Respondent guarantees that the product offered will meet or exceed specifications identified in the bid invitation. If the Respondent takes no exception to the specifications or referenced data in the bid, Respondent will be required to furnish the product according to the brand, names, numbers, etc., as specified in the invitation for bid document.
9. Tax Exemption: The University is exempt from federal excise taxes and from state sales taxes on purchases of tangible personal property. Copies of the appropriate exemption documentation will be provided upon request, and these taxes should not be included in the respondent’s bid prices.
10. Indemnification: Respondent shall hold and save the University, its trustees, officers, agents, and employees harmless from any claims, damages and actions of any nature arising from respondent’s bid or arising from the use of any materials, goods or services furnished by the respondent, provided that such liability is not attributable to negligence on the part of the user or failure of the user to use the item in the manner outlined by the respondent in descriptive literature or specification submitted with the respondent’s bid.  Respondent’s indemnification obligation shall include, but not be limited to, any claim of patent, copyright, or other intellectual property infringement asserted against the University based upon respondent’s bid or any materials, goods or services furnished by the respondent.
11. University’s Liability: The University’s liability shall be governed by the 91����Ƶ Claims Commission Act. The University will not enter into any agreement which contains a clause requiring the University to indemnify, hold harmless, or defend any party. Also, the University will not enter into any agreement which contains a clause limiting its remedies against any party.
12. Authorized Dealer: Respondent must be an authorized dealer of any goods or services sold to the University. If requested, the respondent must provide an authorization letter from the original equipment manufacturer. Failure to do so may result in the bid being disqualified or the award being canceled.
13. Sales Data: Upon request, the respondent agrees to furnish the University a summary of sales made under the agreement. This data may include delivery date, department name, invoice date, invoice number, item description, list price, method of payment, net price, order date, order method, quote number and manufacturer part number. The University may terminate the award if this information is not provided in a reasonable time period.
14. Irrevocable Waiver: By responding to the solicitation, respondent hereby irrevocably waives any claims against the University’s trustees, officers, employees and former employees. Respondent also agrees not to sue University employees in their individual capacity. This waiver applies to respondent and their successors, heirs and assigns. The University and the respondent state that this clause is material to this bid.
15. Collusion, Conflict of Interest and Debarment: When submitting a bid, the respondent certifies the following. If the University determines that the respondent failed to disclose or incorrectly disclosed information related to any of the four statements listed below, the University may consider any such actions to be grounds for response rejection or award termination, regardless of the time of detection
    1. The respondent prepared and arrived at its bid independently and there was not any collusion between respondents. The respondent agrees not to discuss or reveal its bid to anyone until after the award is made.
    2. No funds resulting from this award will be paid either directly or indirectly to any University employees, their spouses or dependent children. This prohibition applies for up to six months after they terminate their employment with the University.
    3. All potential conflicts of interest will be disclosed in the bid response including if any owners of respondent are related to any University employee, their spouse, or dependent children.
    4. The respondent is not presently debarred, proposed to be debarred, suspended, or declared ineligible for covered transactions by any federal agency or department.
16. Equipment: Unless the University states otherwise in its specifications, all bidders must quote prices for new equipment.  If a Respondent fails to quote prices for new equipment and the University accepts the order, Respondent will be liable for providing the University with new equipment at no extra cost to the University.  If the University’s specifications allow for used equipment, Respondent must list the equipment’s date of manufacture, number of previous owners, condition, maintenance and repair history, and any other relevant information.  University may inspect any used equipment before purchasing the used equipment.

Solicitation Evaluation Process

By submitting a bid, the respondent agrees to the following terms and conditions that govern the University’s evaluation of respondents’ bids:

1. Acceptance and Rejection of Bids: The University may accept or reject any bids when, in its opinion, such action is in the best interests of the University. In such circumstances, the University may re-solicit bids or continue with the current supplier for these services. The University may also waive minor variances or immaterial defects in a response.  The University may also accept any item in the bid, unless otherwise specified by the Respondent.
2. Discretion: All decisions regarding a bid, including the award, are within the University’s sole discretion. The University may award to a respondent other than the highest scoring or lowest costs. For clarity, as used in these Purchasing Terms and Conditions the word “may” means “sole discretion.”
3. Award: This solicitation does not commit the university to make an award or to procure or contract for the goods or services described in this solicitation.  The University reserves the right to negotiate terms and alter the specifications with the lowest cost respondent or highest point scoring respondent, however, if the University and respondent are unable to reach mutually agreeable terms and conditions, the University reserves the right to reject the bid and negotiate terms of an agreement with the next low cost respondent or next highest point scoring respondent. If the agreement with the successful respondent is terminated for any reason prior to the agreement termination date, the University may elect to substitute the next lowest cost respondent or the next highest point scoring respondent, if they are willing to honor the prices in their initial proposal. A purchasing department of the University of 91����Ƶ is the only office authorized to award a purchase order or contract for the required services.
4. Multiple Awards: The University may award this solicitation to multiple respondents.
5. Inspection of the Bid File: The bid file becomes public record after the issuance of the intent to award.
6. Protest Procedure: Any respondent wishing to protest a decision must do so in accordance with the University’s procurement policy (). The parties shall make reasonable efforts to resolve any dispute before filing any formal legal action.