1. Acceptance and Rejection. The President of the College or his designee reserves the right to reject any and all bids, to waive any informality in bids and, unless otherwise specified by the bidder, to accept any item in the bid.
2. Time of Acceptance. If a bidder fails to state a time within which a bid must be accepted, it is understood and agreed that the College shall have sixty days to accept.
3. Error in Bid. In cases of errors in the extension of prices in the bid, the unit price will govern. No bid shall be altered or amended after the specified time for opening bids. After bid opening, a vendor will be permitted to withdraw a bid only where there is obvious clerical error in the bid, such as a misplaced decimal point, or where 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. Withdrawals will be considered only upon written request from the vendor.
4. Discount period. Time in connection with discount offered will be computed from date of satisfactory delivery at destination and performance, or from the date correct invoices are received, whichever is later. Discounts other than time discounts will be shown on the face of the bid opposite the item that it applies.
5. Default of Contractor. In case of default of the contractor, the College may procure the articles or services from other sources and hold the contractor responsible for any excess cost occasioned thereby.
6. Sample of Materials. Samples of items, when required, must be furnished free of expense, prior to the opening of the bids, and if not destroyed, will, upon request, be returned at the bidder’s expense.
7. Signature on bids. Each bid should give the full name and business address of the bidder. Unsigned bids will be rejected. The person signing the bid must show his title and if requested by the college, must furnish satisfactory proof of his or her authority to bind his or her company in contract. Bids must typed or written with ink or indelible pencil; otherwise they may not be considered. A purchase order will be issued to the firm name appearing on the bid.
8. Alternate Bids. Alternate bids will not be considered unless specifically called for in the bid.
9. Bonds Requirements. All bond requirements shall be identified in the invitation to bid. The right is reserved to require the successful bidder to furnish security, free of any expense to the institution or school, to guarantee faithful performance of the contract
10. Time of Performance. The number of calendar days in which delivery will be made after receipt or order shall be stated in the bid. When no time of delivery is stated by the bidder, it is understood and agreed that delivery is to be made within two weeks after receipt of order.
11. Specifications. It is understood that reference to available specifications shall be sufficient to make the terms of such specifications binding on the contractor. The use of the name of a manufacturer, or any special brand or make in describing an item does not restrict the bidder to tat manufacturer or specific article, unless specifically stated. The articles on which the proposals are submitted must be equal or superior to that specified. Articles received not equal will be picked up by vendor or returned to vendor shipping charges collect.
12. Brands and Trade Names. The bidder must show the brand or trade name of the articles on which he is bidding, when applicable.
13. Late Bids. Bids received after the specified time for opening, as shown on the bid form, may not be considered.
14. Telegraphic and Telephone Bids. Telegraphic and telephone bids, received before time set for opening of bids, may be considered.
15. Inspection. All supplies or materials are subject to inspection and rejection by the College, and rejected supplies or materials will be returned at the vendor’s expense.
16. Civil Rights. The parties agree to comply with Title 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 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, handicap, veteran status or national origin. The parties also agree to take affirmative action to ensure that applicants are employed and that employees are treated during their employment without regard to their race, religion, creed, color, sex, handicap or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection available to employees and applicants for employment.
17. FOB Point. All prices quoted are to be FOB delivered to the College unless another FOB point is stated by the College on the bid The successful bidder must assume all responsibility for damage in transit. All bids not following this provision may be rejected.
18. Inspection of Bids. The College shall award no contract without providing the bidder a reasonable opportunity for such inspection upon their request after the bid evaluation. All invitations to bid will contain this language.
19. Taxes. The College is exempt from both federal excise and state sales taxes, and such taxes shall not be included in bids. Appropriate exemption certificates will be furnished to the successful bidder upon request. Contractors making improvements to, additions to, or repair work on real property on behalf of the College are liable for any applicable sales or use tax on purchases of tangible personal property for use in connection with the contracts. Contractors are likewise liable for any applicable use tax on tangible personal property furnished to them by the College for use in connection with their contracts.
20. Conflicts of Interest. The contractor warrants that no part of the total contract amount provided herein shall be paid directly or indirectly to any other officer or employee of the State of Tennessee as wages, compensation, or gifts in exchange for acting as officer, agent, employee, subcontractor or consultant to the contractor in connection with any work contemplated or performed relative to this bid.
21. Accounting Records. For all contracts other than those for a firm fixed price, contractors shall maintain books and records relating to the contract for a period of three years from final payment. Such books and records shall be subject to audit by the State of Tennessee.
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