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Southern
Public Service Authority (SPSA)
Terms &
Conditions
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. COLLUSION OR FRAUD
The signature
on the face of this bid certifies that this
bid is made without prior understanding,
agreement, or connection with any corporation,
firm, or person also submitting a bid for
the same materials, supplies, or equipment,
and is in all respects fair and without
collusion or fraud. I understand collusive
bidding is a violation of the Virginia Governmental
Frauds Act and federal law and can result
in fines, prison sentences, and civil damage
awards. Bidders signatory agrees to abide
by all conditions of this bid and certify
that he/she is authorized to sign this bid
for the bidder.
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.
H. MODIFICATIONS
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.
J. AWARD
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.
L. TITLE
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. KICKBACK
By signing
bid, the bidders representative certifies
that he/she has not offered or received
any from any other bidder, supplier, manufacturer,
or subcontractor in connection with this
bid. A kickback is defined as an inducement
for the award of the contract, subcontract
or order, through any payment, loan, subscription,
advance, deposit of money, services, or
anything of value in return for an agreement
not to compete on a public contract.
N. 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.
O. 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.
P. 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.
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