GENERAL TERMS AND CONDITIONS FOR PURCHASES

1. PREPARATION OF BIDS:

a)      All information requested of the vendor shall be entered in the appropriate space on the form. Failure to do so may disqualify your offer.

b)      All information shall be entered in ink or typewritten. Mistakes may be crossed out and corrections inserted before submission of your bid. Corrections shall be initialed in ink by the person signing the bid.

c)      Corrections an/or modifications received after the closing time specified will not be accepted.

d)      Time of delivery shall be stated as the number of calendar days following receipt of the order by the vendor to receipt of the goods or services by the County.

e)      Time of delivery may be a consideration in the award.

f)        Prices will be considered as net if no cash discount is shown.

g)      All bids shall be signed by an authorized officer or employee of the bidder.

h)      Bids must be submitted by the date and at/or prior to the time specified to be considered. No late bids will be accepted.

i)        Bids/Proposals submitted via the facsimile machine are unacceptable.

j)        Submit bids in a sealed envelope with closing date and time shown.

k)      Bids are to be F.O.B. Hamilton County, TN.

l)        Unit price must be shown. In case of error in extension, unit price will govern.

m)    Hamilton County requires that bids be submitted in duplicate, unless otherwise stated in the bid package.

n)      If it becomes evident that an invitation must be amended we will issue a formal written amendment to all known Bidders. If necessary, a new due date will be established.

o)      All responses to this invitation become the property of Hamilton County.

p)      Prospective bidders are solely responsible for their own expenses in preparations subsequent negotiations with Hamilton County, if any.

2. RESTRICTIVE OR AMBIGUOUS SPECIFICATIONS:

It is the responsibility of the prospective bidder to review the entire invitation to bid (ITB) packet and to notify the Purchasing Department if the specifications are formulated in a manner that would unnecessarily restrict competition. Any such protest or question regarding the specifications of bidding procedures must be received in the Purchasing Department not less than seventy-two hours prior to the time set for bid opening. These requirements also apply to specifications that are ambiguous.

3. BRAND NAMES:

a)      Brand names and numbers, when used, are for reference to indicate the character or quality desired, unless otherwise noted.

b)      Equal items will be considered, provided they are clearly identified by manufacture, part number, diagrams, brochures and other related material, unless stated otherwise in bid specifications.

c)      When brand, number, or level of quality is not stated by the bidder, it is understood the offer is exactly as specified.

4. SAMPLES:

a)      Samples of articles, when required, shall be furnished free of cost of any sort to the County.

b)      Samples of articles selected may be retained for future comparison.

c)      Samples which are not destroyed by testing, or which are not retained for future comparison will be returned upon request at your expense.

5. TAXES:

a) Do not include sales, use or federal excise taxes in your bid.

6. LIABILITIES:

The vendor shall hold the County, its officers, agents, servants, and employees, harmless from liability of any nature or kind because of use of any copyrighted, or uncopyrighted composition, secret process, patented or unpatented invention, articles or appliances furnished or used under this bid, and agrees to defend, at his own expense, any and all actions brought against the County or himself because of the unauthorized use of such articles.

7. TERMS AND CONDITIONS:

In the event of a conflict between the bid specifications and these terms and conditions the specifications will govern.

8. DEFAULT BY BIDDER:

In case of default by the bidder, the County may procure the articles or services from other sources and may deduct from any monies due, or that may thereafter become due to the vendor, the difference between the price named in the contract or purchase order and actual cost thereof to the County. Prices paid by the County shall be considered the prevailing market price at the time such purchase is made. Periods of performance may be extended if the facts as to the cause of delay justify such extension in the opinion of the Purchasing Director.

9. AWARDS:

Hamilton County reserves the right: (1) to award bids received on the basis of individual items, or groups of items, or on the entire list of items; (2) to reject any or all bids, or any part thereof; (3) to waive any informality in the bids; and (4) to accept the bid that is considered lowest and best.

10. WARRANTIES:

All warranty information must be furnished.

11. ALTERNATE BIDS:

Alternate bids are not acceptable and will be rejected unless authorized by the invitation to bid. Alternate bids are defined as bids that do not comply with the bid terms, conditions, and specifications. Vendors may submit more than one bid providing that all such bids comply with bid terms, conditions and specifications.

12. NEW EQUIPMENT:

The bidder shall guarantee that the units submitted for this bid shall be new, and the latest and most improved model of current production and shall be first quality as to workmanship and materials used in said units. All modifications shall be made at the factory. Demonstrators shall not be acceptable. NOTE: When the bid is for services, this item (12. New Equipment) does not apply.

13. EXCEPTIONS:

Bidders taking exceptions to any part or section of this invitation shall indicate such exceptions on the bid form. Failure to indicate any exception will be interpreted as the bidder’s intent to comply with and/or supply the requirements as written in the bid document.

14. QUALIFICATIONS OF BIDDERS:

A bidder may be required, before the award, to show to the complete satisfaction of Hamilton County that it has the necessary facilities, ability and financial resources to provide the service or goods specified.

15. ADDITIONAL INFORMATION:

Bidders are cautioned that any statement made by an individual, or employee of Hamilton County that materially changes any portion of the bid document shall not be relied upon unless subsequently ratified by a formal written amendment to the bid document.

16. ACCEPTANCE OF TERMS:

All terms and conditions in this invitation are deemed to be accepted by the bidder and incorporated in the bid, except the provision(s) which are expressly excluded by the bid specifications.

17. DRUG-FREE WORKPLACE PROGRAM FOR CONSTRUCTION SERVICES:

Law prohibits state or local governments from contracting for construction services with any private entity having five or more employees who has not furnished a written affidavit by its principal officer at the time of the bid or contract stating that the contractor is in compliance with the provisions of this act.

18. PUBLIC ACCESS TO PROCUREMENT INFORMATION:

Information. All public records pertaining to purchasing shall be open for inspection during normal business hours. Information relating to the award of a particular contract shall be open to the public only after evaluation of that bid or proposal has been completed.

HAMILTON COUNTY DOES NOT DISCRIMINATE

BECAUSE OF RACE, SEX, RELIGION, COLOR,

HANDICAP, NATIONAL ORIGIN, AGE OR

POLITICAL AFFILIATIONS.

Title of Bid/RFP: ________________________________________________________

Bid/RFP Number: ________________________________________________________

Date: __________________________________________________________________

Amount: _______________________________________________________________

Minority Owned Business

Please sign below if you are a minority owned business. A “”Minority-owned business” means a business which is solely owned, or at least fifty-one percent (51%) of the assets or outstanding stock of which is owned, by an individual who personally manages and controls the daily operation of such business and who is impeded from entry into the economic mainstream because of past practices of discrimination based on race, religion, ethnic background, or sex.

Vendor’s Name: ____________________________________________

Vendor’s Signature: _________________________________________

Company Name: ___________________________________________

NO BID CHECKLIST

Bidders who wish to remain on the active vendor list should complete this “NO BID CHECKLIST” AND INDICATE YOUR REASON(S) BELOW:

· Do not handle this type of equipment/supplies ___________________________

· Cannot meet the required delivery date _________________________________

· Materials are not available ___________________________________________

· Please remove our company from vendor file ____________________________

· Other (Specify):

_________________________________________________________________

Bid Title: _________________________________________________________

Company Name: ___________________________________________________

By: ______________________________________________________________

Date: _____________________________________________________________