TERMS AND CONDITIONS APPLY TO ALL BIDDERS
A. COMMONWEALTH OF VIRGINIA PUBLIC PROCUREMENT ACT
This bid is subject to the provisions of the Commonwealth of Virginia Public Procurement Act, and any revisions thereto in effect at the time of this invitation for bid.
B. EMPLOYMENT DISCRIMINATION BY CONTRACTOR PROHIBITED
1. In the solicitation or awarding of contracts, SPSA shall not discriminate on the basis of race, religion, age, disability, color, sex, or ethnicity of the bidder or offeror. Every contract in excess of ten thousand dollars, ($10,000) shall include the following provisions:
During the performance of this contract, the contractor agrees: (1) that the contractor will not discriminate against any employee or applicant for employment because of race, religion, faith based organizations, age, disability, color, sex or national origin, except where religion, age, disability, sex, or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of the contractor.The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. (2) The contractor, in all solicitations or advertisements for employees placed by or on behalf of the contractor, will state that such contractor is an equal opportunity employer. (3) Notices, advertisements and solicitations placed in accordance with federal law, rules, or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section.
3. The contractor will include the provision of the foregoing paragraphs in every subcontract or purchase order over ten thousand ($10,000) dollars, so that the provisions will be binding upon each subcontractor or vendor.
4. All bidders shall abide by applicable state and federal laws including, but not limited to, all provisions of the Americans with Disabilities Act. Each bidder agrees to hold SPSA harmless regarding all claims in connection with the bidder's failure to comply with applicable laws and regulations.
C. EXCISE OR TRANSPORTATION TAXES
Deliveries against this bid must be free of excise or transportation taxes.
D. EVALUATION AND AWARD
All bids will be evaluated and awarded on net prices. Cash discounts will not be considered in making awards. If cash discount for prompt payment is offered, it must be clearly shown in the space provided.
E. FAILURE TO DELIVER
In case of default by the successful bidder, or failure to deliver the goods or services ordered by the time specified, SPSA after due notice (oral or in writing) may procure the goods or services from other sources and hold contractor responsible for any resulting additional cost.
F. ETHICS IN PUBLIC CONTRACTING
By submitting their bid, Bidders certify that their bid is made without collusion or fraud and that they have not offered or received any kickbacks or inducements from any other Bidder, supplier, manufacturer or subcontractor in connection with their bid, and that they have not conferred on any public employee having official responsibility for this procurement transaction any payment, loan, subscription, advance, deposit of money, services or anything of more than nominal value, present or promised unless consideration of substantially equal or greater value was exchanged.
G. PURCHASE ORDER/CONTRACT
This bid and any resulting purchase order/contract shall be governed in all respects, whether as to validity, construction, capacity, performance, or otherwise by the laws of the Commonwealth of Virginia.
Modifications, additions, or changes to the terms and conditions of this invitation for bid may be a cause for rejection of bid.
I. UNIT PRICES MUST BE SHOWN FOR EACH ITEM ON THIS BID
Extend each item and show total. If discrepancy in extending total price occurs, proposal will be based on unit prices.
SPSA reserves the right to reject any or all bids submitted, to waive any informality in the bid, to make an award on any or all of the items bid or to make an award to other than the lowest cost bidder in the interests of SPSA.
K. RESPONSIBILITY FOR INSPECTION
Unless otherwise specified in the contract purchase order, the supplier is responsible for the performance of all inspection requirements as specified herein. Except as otherwise specified in the contract or purchase order, the supplier may use his own or any other facilities suitable for the performance of the inspection requirements specified herein, unless disapproved by SPSA. SPSA reserves the right to perform any of the inspections set forth in the specifications where such inspections are deemed necessary to assure supplies and services conform to prescribed requirements.
For good cause and as consideration for executing this contract, the bidder, acting herein by and through the person signing this bid on behalf of the bidder as duly authorized agent, hereby conveys, sells, assigns, and transfers to SPSA all rights, title and interest in and to all causes of the action it may now or hereafter acquire under the antitrust laws of the United States and the Commonwealth of Virginia, relating to the particular goods or services purchased or acquired by SPSA.
M. USE OF BRAND NAMES
Unless otherwise provided in this request for invitation to bid, the name of a certain brand, make or Manufacturer does not restrict bidders to the specific brand, make or manufacturer named, it conveys the general style, type, character, and quality of the article desired, and any article which the public body in its sole discretion determines to be the equal of that specified, considering quality, workmanship, economy of operation, and suitability for the purpose intended, shall be accepted.
N QUOTE TERMS
Prices quoted must be firm for a period of ninety days from bid submission date, unless otherwise specified, and no bid may be withdrawn for a like period.
O. CONTRACTUAL CLAIMS
Contractual claims, whether for money or other relief, shall be submitted in writing no later than sixty days after final payment; however, written notice of the contractor's intention to file such claim shall be given at the time of the occurrence upon which the claim is based. Claims shall be submitted to SPSA at its address the claim will be considered and a written response rendered within thirty days of receipt of such claim.