Bid and Purchasing Conditions
- Preparation and Submission of Bic
- Failure to examine any drawings, specifications, or instructions will be at the bidder's
- BID SUBMITTAL / SIGNATURE: Bid shall give the full name and business address of the
bidder. If the bidder is a corporation, the name shall be stated as it is in the corporate
charter. Bids must be signed in ink by the bidder's authorized agent. Unsigned bids
will be rejected. Bids are to be sealed and the outside of the envelope is to reference
the bid number. The person signing the bid must show his title, and if requested by
the institution, must furnish satisfactory proof of his or her authority to bind his
or her company in contract. Bidder understands that by submitting a bid with an authorized
signature, it shall constitute an offer to the institution. Bids must be typewritten
or in ink; otherwise they may not be considered. Purchase orders will be issued to
the firm name appearing on the bid.
- Bids are to be received in the location designated on the bid no later than the specified
date and time. Late bids will NOT be opened or considered.
- No erasures permitted. Errors may be crossed out and corrections printed in ink or
typewritten adjacent to error and must be initialed in ink by person signing bid.
- Discounts other than "Time" or "Cash" offered should be deducted from the unit price.
- Specifications: Reference to available specifications shall be sufficient to make
the terms of the specifications binding on the bidder. The use of the name of a manufacturer,
or any special brand or make in describing an item does not restrict the bidder to
that manufacturer or specific article, unless specifically stated. Equal products
of other manufacturers will be considered if proof of equality is provided as part
of the bid. Bidders are required to notify the Institution's ITB Buyer whenever specifications/procedures
are not perceived to be fair and open. All suggestions or objections shall be made
in writing and received by the ITB Buyer at least three (3) working days prior to
the bid opening. The articles on which the bids are submitted must be equal or superior
to that specified. Informative and Descriptive Literature: The bidder must show brand
or trade names of the articles bid, when applicable. It shall be the responsibility
of the vendor, including vendors whose product is referenced; to furnish with the
bid such specifications, catalog pages, brochures or other data as will provide an
adequate basis for determining the quality and functional capabilities of the product
offered. Failure to provide this data may be considered valid justification for rejection
- Samples: Samples of items when called for, must be furnished free of expense, and
if not destroyed will, upon vendor's request be returned at the bidder's expense.
Each sample must be labeled with the bidder's name, manufacturer's brand name and
number, bid number and item reference.
- Time of Performance: The number of calendar days in which delivery is to be made after
receipt of order shall be stated in the bid and may be a factor in making an award,
price notwithstanding. If no delivery time is stated in the bid, bidder agrees that
delivery is to be made within two weeks (10 business days) or mutually acceptable
delivery date after receipt of order.
- Transportation and delivery charges should be included in the price and be fully prepaid
by the vendor to the destination specified in the bid. Bid prices shall include delivery
of all items F.O.B. destination. In certain situations institution may authorize 'prepay
and add freight to the invoice'.
- New materials and supplies must be delivered unless otherwise specifically stated
in the bid.
- Alternate/multiple bids will not be considered unless specifically called for in the
- Bond requirements. The institution reserves the right to require that the selected
vendor post a performance and/or payment bond in such amount as deemed reasonable
by the institution. Any bond requirement should be included in the bid, itemized separately.
- Only bids submitted on bid forms furnished by the institution will be considered,
except the institution may consider telephone, faxed or electronically (email) submitted
bids for purchases totaling less than $25,000 if received by the bid deadline and
confirmed in writing.
- By signing this bid where indicated, the bidder agrees to strictly abide by all state
and federal statutes and regulations. The bidder further certifies that this bid is
made without collusion or fraud.
- Failure to Bid/Error in Bid. Failure to bid without advising the Institution that
future invitations for bids are desirable may result in removal from Institution's
bidders' list covering this category of items. In case of error in the extension of
prices in the bid, the unit price will govern. Late bids will NOT be opened or considered.
Bidders are cautioned to verify their bids before submission, as amendment received
after the bid deadline may not be considered. No bid shall be altered, amended or
withdrawn after opening. After bid opening, a bidder may withdraw a bid only when
there is obvious clerical error such as a misplaced decimal point, or when enforcement
of the bid would impose unconscionable hardship due to an error in the bid resulting
in a quotation substantially below the other bids received. Bid withdrawals will be
considered only upon written request of the bidder.
- INSPECTION. All bids will be publicly opened and are made available for public inspection before
the award. Bidders may be present at bid opening.
- ACCEPTANCE AND AWARD. The Institution reserves the right to reject any and all bids and to waive any informality
in bids and, unless otherwise specified by the bidder to accept any item in the bid.
Action to reject all bids shall be taken for unreasonably high prices, errors in the
bid documents, cessation of need, unavailability of funds, or any other reason approved
by the Tennessee Board of Regents.
- Contracts and purchases will be made with the lowest, responsible and responsive bidder.
The quality of the articles to be supplied, their conformity with the specifications,
their suitability to the requirements of the Institution, cash discount offered and
the delivery terms will be taken into consideration.
- The Institution reserves the right to order up to 10% more or less than the quantity
listed in the bid.
- If a bidder fails to state a time within which a bid must be accepted, it is understood
and agreed that the Institution shall have sixty (60) days to accept.
- A written purchase order mailed or otherwise furnished, to the successful bidder within
the time period specified in the bid results in a binding contract without further
action by either party. The contract may not be assigned without written Institution
- If the appropriate space is marked on the bid, other state institutions of higher
education may purchase off the contract during the same period as the Institution.
- Vendor must be registered bidder with the institution before a purchase order is issued.
- DISCOUNT PERIOD. Time in connection with discount offered will be computed from the date of delivery
at destination, or from the date correct invoices are received, whichever is later.
- DEFAULT OF SELECTED VENDOR. In case of vendor default, the Institution may procure the articles or services from
other sources and hold the defaulting vendor responsible for any resulting cost.
- INSPECTION OF PURCHASES. Articles received which are not equivalent will not be accepted and will be picked
up by the vendor or returned to vendor, shipping charges collect. Institution shall
have a reasonable period in which to inspect and accept or reject materials without
liability. If necessity requires Institution to use nonconforming materials, an appropriate
reduction in payment may be made.
- TAXES. Institution is tax exempt; do not include taxes in quotation. Vendors making improvements
or additions to, or performing repair work on real property for Institution are liable
for any applicable sales or use tax on tangible personal property used in connection
with the contract or furnished to vendors by the state for use under the contract.
- NONDISCRIMINATION. The Institution and bidder agree to comply with Titles VI and VII of the Civil Rights
Act of 1964, Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation
Act of 1973, Executive Order 11,246, the Americans with Disabilities Act of 1990 and
the related regulations to each. Each party assures that it will not discriminate
against any individual including, but not limited to employees or applicants for employment
and/or students, because of race, religion, creed, color, sex, age, disability, veteran
status or national origin.
- PROHIBITIONS/NO VENDOR CONTRACT FORM/TENNESSEE LAW/AUDIT. Acceptance of gifts from vendors is prohibited. TCA §12-3-106. Bidding by state employees
is prohibited. TCA §12-4-103. The bidder warrants that no part of the total contract
amount shall be paid directly or indirectly to any officer or employee of the State
of Tennessee. The contract documents for purchase under this bid request shall consist
of the successful bidder's bid and the Institution's purchase order. Bidders may not require any other written contract terms or conditions, nor may any
other terms and conditions be imposed by means of subsequent documents, such as invoices,
warranty agreements, license agreements, etc. Should the bidder request exceptions
to terms and conditions and/or those proposed by the bidder vary from the bid and
Institution Policies and Guidelines, Institution may render the bid unresponsive and
subject the bid to rejection. The contract shall be governed by Tennessee law. For all awards other than for a firm, fixed price, vendor shall maintain books and
records for a period of three (3) years from final payment, and these records shall
be subject to audit by the State.
- PURCHASING POLICIES/BID PROTESTS. This bid request and any award made hereunder are subject to the policies and guidelines
of the Tennessee Board of Regents and Institution. Bid protest procedures available
- DEBARMENT CERTIFICATION. The (Proposer/Bidder/Vendor) certifies, by signature below and submission of this
(proposal/bid) that neither I nor my principals are presently disbarred, suspended,
proposed for disbarment, declared ineligible or voluntarily excluded from participation
in this transaction by any State or Federal department or agency.