These General Terms and Conditions apply, but are not limited, to all bids, proposals, qualifications and quotations (hereinafter referred to as “Offers” and/or “Responses”) made to El Paso County (hereinafter referred to as “County”) by all prospective suppliers (herein after referred to as “Vendors”) in response but not limited to Invitations for Bid, Requests for Proposal, Statements of Qualification, and Requests for Quotation (hereinafter referred to as “Solicitations”).
2.1.1 Vendors shall make all investigations necessary to thoroughly inform themselves regarding the plant and facilities affected by the delivery of materials and equipment as required the conditions of the Solicitation. No plea of ignorance by the Vendor of conditions that exist or that may hereafter exist as a result of failure to fulfill the requirements of the contract documents will be accepted as the basis for varying the requirements or the compensation to the Vendor.
2.1.2 Vendors are advised that all County contracts are subject to all legal requirements contained in County ordinances, the Contracts and Procurement policies and state and federal statutes. When conflicts between the Solicitation and these legal documents occur, the highest authority will prevail.
2.1.3 Vendors are required to state exactly what they intend to furnish to the County via this Solicitation and must indicate any variances to the terms, conditions, and specifications of this Solicitation no matter how slight. If variations are not stated in the Vendor’s Offer, it shall be construed that the Vendor’s Offer fully complies with all conditions identified in this Solicitation.
2.1.4 El Paso County intends and expects that the contracting processes of the County and its Vendors provide equal opportunity without regard to race, color, religion, sex, national origin, age, disability, or any other characteristic protected by law. Accordingly, the Vendor shall not discriminate on any of the foregoing grounds in the performance of the contract.
2.1.5 All Offers and other materials submitted in response to this Solicitation shall become the property of the County and will be a matter of public record. Vendors must identify, in writing, all copyrighted material, trade secrets and/or other proprietary information that it claims are exempt from disclosure under the Open Records Act.
2.1.6 Any Vendor claiming an exemption must identify the specific provision of the Open Records Act that provides an exemption from disclosure for each item that the Vendor claims is not subject to disclosure and must submit an additional bound copy of the Response with each exempt item clearly redacted. Any Vendor claiming an exemption must also state in its Response that the Vendor agrees to defend, indemnify, and hold harmless the County and its officers and employees from any action brought against the County for its refusal to disclose any purportedly exempt material, trade secrets and other proprietary information to any party making a request therefore.
Any Vendor who fails to include an exemption statement along with the additional redacted copy of the Response shall be deemed to have waived any right to an exemption from disclosure as provided by the Open Records Act.
2.2.1 Where there appear to be variances or conflicts between the General Terms and Conditions, the Special Terms and Conditions and the specifications outlined in this Solicitation, the specifications then the Special Terms and Conditions will prevail.
2.2.2 If any Vendor contemplating submitting an Offer under this Solicitation is in doubt as to the true meaning of the specifications, the Vendor must submit a written request for clarification to the County’s Contracts and Procurement Manager or their designee as outlined in the Special Terms and Conditions. The Vendor submitting the request shall be responsible for ensuring that the request is received by the County’s buyer by the date and time listed in the Schedule of Activities for submitting question(s) or as stated in the Special Terms and Conditions.
Any official interpretation of this Solicitation must be made by the County’s Contracts and Procurement Manager or their designee. The County shall not be responsible for interpretations offered by other employees of the County.
The County shall issue a written addendum if substantial changes which impact the submission of Offers are required. Addenda will be posted on the Rocky Mountain E- Purchasing System web site (http://www.rockymountainbidsystem.com) as well as El Paso County web site (http://www.elpasoco.com). Vendors are responsible for either revisiting one of these websites prior to the due date or contacting the Contracts and Procurement Manager or their designee named on the Cover Sheet of this Solicitation to ensure that they have any addenda which may have been issued after the initial download.
The Vendor shall certify its acknowledgment of the addendum by signing the addendum and returning it with its Offer. In the event of conflict with the original contract documents, addenda shall govern all other contract documents to the extent specified. Subsequent addenda shall govern over prior addenda only to the extent specified.
2.3.1 It is hereby understood and agreed that the payment terms shall be net thirty days, effective on the date that the County receives an accurate invoice or accepts the
products, whichever is the later date. Payment is deemed to be made on the date of the mailing of the check.
2.3.2 Vendors shall not include federal, state, or local excise or sales taxes in prices offered, as the County is exempt from payment of such taxes. Materials purchased directly by the Vendor in conjunction with this contract will, however, be subject to applicable state and local sales taxes. These taxes shall be borne by the Vendor. Under no circumstances shall Vendor be authorized to use the County’s tax exemption number in acquiring such materials.
2.3.3 The Vendor, by affixing its signature to this Solicitation, certifies that its Offer is made without previous understanding, agreement, or connection either with any persons, firms or corporations making an Offer for the same items, services, or with the County. The Vendor also certifies that its Offer is in all respects fair, without outside control, collusion, fraud, or otherwise illegal action. To ensure integrity of the County’s public procurement process, all Vendors are hereby placed on notice that any and all Vendor s who falsify the certifications required in conjunction with this section will be prosecuted to the fullest extent of the law.
3.1.1 El Paso County will not be responsible for any expenses incurred by any Vendor in preparing and submitting its offer.
3.1.2 The Offer must be typed or legibly printed in ink. The use of erasable ink is not permitted. All corrections made by the Vendor must be initialed in blue ink by the authorized agent of the Vendor.
3.1.3 Offers must contain, in blue ink, a manual signature of an authorized agent of the Vendor or a verifiable electronic time and date stamped signature in the space provided on the Solicitation Cover Sheet. Typed names as signatures are not allowed. The original Cover Sheet of this Solicitation must be included in all Offers. If the Vendor’s authorized agent fails to appropriately sign and return the original Cover Sheet of the Solicitation, its Offer shall be invalid and shall not be considered.
3.1.4 Prices shall be provided by the Vendor on the Solicitation’s Pricing Bid Form when required in conjunction with the prescribed method of award and shall be for the unit of measure requested. Prices that are not in accordance with the measurements and descriptions requested shall be considered non-responsive and shall not be considered. Where there is a discrepancy between the unit price and the extension of prices, the unit price shall prevail.
3.1.5 Alternate Offers will not be considered unless expressly permitted in the Specifications and/or Special Terms and Conditions.
3.1.6 The accuracy of the Offer is the sole responsibility of the Vendor. No changes in the Offer shall be allowed after the date and time that the Offers are due.
3.2.1 The Offer shall be submitted via the Rocky Mountain E-Purchasing System with the Vendor ’s name, the Solicitation Number, and the Solicitation Title. When required in conjunction with the prescribed method of award, the County’s Pricing Bid Form must be used when the Vendor is submitting its Offer. The Vendor shall not alter this form (e.g., add or modify categories for posting prices offered) unless expressly permitted in an addendum duly issued by the County. No other form shall be accepted.
3.2.2 Offers submitted via facsimile machines, mail, or email will not be accepted unless expressly permitted in the solicitation.
3.2.3 Conditional bid offers will be considered non-responsive and not considered for award.
Offers received after the date and time set for the opening will not be authorized to enter into the electronic lockbox and will be deemed as non-responsive.
4.1.1 Offers may only be modified in tbhe form of a written notice on company letterhead and must be received prior to the time and date set for the Offers to be opened. Each modification submitted to the County’s Contracts and Procurement Division must have the Vendor’s name and return address and the applicable Solicitation number and title clearly marked and shall be submitted via Rocky Mountain E-Purchasing System. If more than one modification is submitted, the modification bearing the latest date of receipt by the County’s Contracts and Procurement Division will be considered the valid modification.
4.2.1 Offers may be withdrawn prior to the time and date set for the opening. Such requests must be made in writing on company letterhead.
4.2.2 In accordance with the Uniform Commercial Code, Offers may not be withdrawn after the time and date set for the opening for a period of ninety calendar days after the opening. If an Offer is withdrawn by the Vendor during this ninety-day period, the County may, at its option, suspend the Vendor from the bid list and may not accept any Offer from the Vendor for a six-month period following the withdrawal.
5.1.1 Reject any and all, or parts of any or all, Offers submitted by prospective Vendors;
5.1.2 Re-advertise this Solicitation;
5.1.3 Postpone or cancel the process;
5.1.4 Waive any irregularities in the Offers received in conjunction with this Solicitation; and/or
5.1.5 Determine the criteria and process whereby Offers are awarded. No damages shall be recoverable by any challenger as a result of these determinations or decisions by the County.
5.2.1 The Vendor misstates or conceals any material fact in its Offer;
5.2.2 The Vendor’s Offer does not strictly conform to the law or the requirements of the Solicitation;
5.2.3 The Offer expressly requires or implies a conditional award that conflicts with the method of award stipulated in the Solicitation’s Special Terms and Conditions and/or specifications;
5.2.4 The Offer does not include documents, including, but not limited to, certificates, licenses, and/or samples, which are required for submission with the Offer in conjunction with the Solicitation’s Special Terms and Conditions and/or specifications; or
5.2.5 The Offer has not been executed by the Vendor through an authorized signature on the Specification’s Cover Sheet.
5.3.1 To ensure fair consideration for all Vendors, the County prohibits communication initiated by a Vendor or on a Vendor ’s behalf regarding the Solicitation to or with any County official or employee during the submission process, except as expressly set forth in this Solicitation. In addition, the County prohibits communications initiated by a Vendor or on a Vendor’s behalf to or with any County official or employee evaluating or considering the solicitation prior to the time an award decision has been made. Prohibited communications initiated by a Vendor shall be grounds for eliminating the offending Vendor from consideration for award.
5.3.2 An Offer may not be accepted from, nor any contract be awarded to, any person or firm which is in arrears to the County upon any debt or contract or which is a defaulter as surety or otherwise upon any obligation to the County.
5.3.3 An Offer may not be accepted from, nor any contract awarded to, any person or firm which has failed to perform faithfully any previous contract with the County, state, or federal government, for a minimum period of three years after this previous contract was terminated for cause.
El Paso County and the successful Vendor shall execute the Professional Services Agreement (see Attachment B) to consummate a contract between the parties. This Solicitation and the Vendor’s Offer shall be attached and incorporated as part of that contract.
Successful Vendors shall be familiar and comply with all local, state, and federal directives, ordinances, rules, orders, and laws applicable to, and affected by, this contract including, but not limited to, Equal Employment Opportunity (EEO) regulations, Occupational Safety and Health Act (OSHA), and Title II of the Americans with Disabilities Act (ADA).
A. Accessibility: Should the Contractor provide a service which provides information and communication technology (ICT), the Contractor shall make commercially and technologically reasonable efforts to comply with all applicable provisions of C.R.S. §24-85-101, et seq., and the Accessibility Standards for Individuals with a Disability as established by the Governor’s Office of Information Technology (OIT) pursuant to Section C.R.S. §24-85-103 (2.5). Contractor shall also make commercially and technologically reasonable efforts to comply with all State of Colorado technology standards related to technology accessibility and with Level AA of the most current version of the Web Content Accessibility Guidelines (WCAG), incorporated in the State of Colorado technology standards. The Contractor who provides ICT will also procure and provide an accessibility and compliance report utilizing the current ITIC Voluntary Product Accessibility Template (VPAT 2.5Rev WCAG) and/or manual testing reports from a qualified testing company to demonstrate reasonable efforts to comply with all State of Colorado technology standards.
B. Accessibility: Vendor shall comply with and the Work Product provided under this Contract shall be in compliance with all applicable provisions of §§24-85-101, et seq., C.R.S., and the Accessibility Standards for Individuals with a Disability, as established by OIT pursuant to Section §24-85-103 (2.5), C.R.S. Vendor shall also comply with all State of Colorado technology standards related to technology accessibility and with Level AA of the most current version of the Web Content Accessibility Guidelines (WCAG), incorporated in the State of Colorado technology standards.
The Vendor shall not assign, transfer, convey, sublet, or otherwise dispose of this contract, including any or all of its right, title or interest therein, or its power to execute such contract to any person, company, or corporation, without prior written consent of the County.
7.3.1 All employees of the Vendor shall be considered to be, at all times, employees of the Vendor, under its sole direction, and not employees or agents of the County. The County may require the Vendor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable, and whose continued employment on County property is not in the best interest of the County. In accordance with the County’s policy regarding the use of tobacco products, no employee of the Vendor shall be permitted to use tobacco products when performing work on County property.
Each vendor and sub vendor shall maintain at his own expense until completion of his work and acceptance thereof by the County, Workers’ Compensation Insurance, including occupational disease provisions, covering the obligations of the vendor or sub vendor in accordance with the provisions of the laws of the State of Colorado. The vendor shall furnish the County with a certificate giving evidence that he is covered by the Workers’ Compensation Insurance herein required, each certificate specifically stating that such insurance includes occupational disease provisions and provisions preventing cancellation without ten days’ prior notice to the County in writing.
Prices, quotes, and deliveries are to be FOB destination, freight prepaid, and shall require inside delivery unless otherwise specified in the Solicitation’s Special Terms and Conditions. Title and risk of loss shall pass to the County upon inspection and acceptance by the County at its designated point of delivery, unless otherwise specified in the Special Terms and Conditions. In the event that the Vendor defaults on its contract or the contract is terminated for cause due to performance, the County reserves the right to re-procure the materials or services from the next lowest Vendor or from other sources during the remaining term of the terminated/defaulted contract. Under this arrangement, the County shall charge the Vendor any difference between the Vendor’s price and the price to be paid to the next lowest Vendor, as well as any costs associated with the re-solicitation effort.
As part of any award resulting from this process, Vendor(s) will discount all transactions as agreed. In the event the County discovers, through its contract monitoring process or formal audit process, that material or service was priced incorrectly, Vendor(s) agree to promptly refund all overpayments and to pay all reasonable audit expenses incurred as a result of the non-compliance.
Terms and conditions may be added, modified, and deleted upon mutual agreement between the County and the Vendor provided that such terms and conditions remain within the scope and original intent of the Solicitation. Said terms and conditions may include, but are not limited to, additions or deletions of service levels and/or commodities and/or increases or decreases in the time limits for an existing contract. Any and all modifications must be expressed in writing through a Contract Modification Order (CMO) and/or Amendment and executed by authorized agents of the County and the Vendor prior to the enactment of such modifications.
The County may, by written notice to the successful Vendor, terminate the contract if the Vendor has been found to have failed to perform its service in a manner satisfactory to the County as per specifications, including delivery as specified. The date of termination shall be stated in the notice. The County shall be the sole judge of non-performance.
The County may cancel the contract upon thirty days written notice for reason other than cause. This may include the County’s inability to continue with the contract due to the elimination or reduction of funding.