2.2 Coordination of Purchasing Functions Among TBR Institutions and
Schools and the University of Tennessee System Institutions
Pursuant to Section XVI of TBR Policy
4:02:10:00,
Purchasing Policy and Procedures, Minimum
General Bid Conditions have been developed by the TBR
Council of Buyers and approved by the Chancellor.
2.3.1.
Acceptance and Rejection
The
University 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. Bids
may be awarded based on low by item, low by group of items or low by
total items accepted, as best suits the needs of the University.
2.3.2.
Preparation and Submission of Bid
A. Failure to
examine any drawings, specifications, or instructions will be at the
bidder's risk.
B. 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 University, must furnish satisfactory proof of his or her
authority to bind his or her company in contract.
Bids must be typewritten or in ink; otherwise they may not be
considered. Purchase order
will be issued to the firm name appearing on the bid.
C. No erasures
are 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.
D. Discounts
other than "Time" or "Cash" offered should be
deducted from the unit price.
E.
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.
The articles on which the proposals are submitted must be equal
to superior to that specified. Informative
and Descriptive Literature: Bidders
must furnish all information requested in the space provided in the bid
form unless otherwise specified by the University.
When applicable, bidders must submit for bid evaluation, cuts,
sketches, descriptive literature and technical specifications covering
the product(s) offered. References
to literature submitted with a previous bid or on file with the
University will not be sufficient.
F. Samples:
Samples of items when called for, must be furnished free of
expense, and if not destroyed will, upon request, be returned at the
bidder's expense. Requests
for the return of samples must be made within ten (10) days of bid
opening. Each sample must
be labeled with the bidder's name, manufacturer's brand name and number,
bid number and item reference.
G. 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 University shall have sixty (60) days to
accept.
H. 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) of order.
I.
Transportation and delivery charges should be included in the price and
be fully prepaid by the vendor to make delivery F.O.B. University, or
another destination which may be specified in the bid.
J. New
materials and supplies must be delivered unless otherwise specifically
stated in the bid.
K.
Alternate/multiple bids will not be considered unless specifically
called for in the bid.
L. Bond
Requirements: Bond requirements,
if any, will be stated on the face of the bid document. The
University reserves the right to require that the selected vendor post a
performance and/or payment bond in such amount as deemed reasonable by
the University. The cost of
the bond shall be separately identified in the bid.
The University reserves the right to waive the bond requirement
and delete the cost of the bond from the successful bid.
M. Brand and
Trade Names. The bidder
must show brand or trade names of the articles bid, when applicable.
N. Bids for
purchases of $25,000 or more must
be signed and sealed with the bid number or other identifying
information listed on the outside of the envelope.
O. Late bids
will NOT be opened or considered. Bidders
are cautioned to verify their bids before submission, as amendments
received after the bid deadline will not be considered.
P. Only bids
submitted on bid forms furnished by the University will be considered,
except that the University reserves the right to consider telephone,
e-mail or faxed bids for purchase under $25,000 if received by the
deadline and confirmed in writing within five (5) days on University
forms.
2.3.3. Failure
to Bid/Error in Bid
Failure to bid without advising the
University that future invitations for bids are desirable may result in
removal from University's bidders' list covering this category of items.
In case 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.
Bid withdrawals will be considered only upon written request from
the vendor.
2.3.4.
Inspection of Bids
All bids will be opened and read
publicly and are subject to public inspection after the award. Bidders may be present at opening.
2.3.5.
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. Discount
periods of less than 20 days will not be considered in determination of
low bid. Discounts other
than time discounts will be shown on the face of the bid opposite the
item to which it applies.
2.3.6.
Default of Selected Vendor
In case of default of the vendor, the
University may procure the articles or services from other sources and
hold the vendor responsible for any excess cost occasioned thereby.
2.3.7.
Taxes
The University is tax exempt; do not
include taxes in quotation. Appropriate
exemption certificates will be furnished to the successful bidder upon
request. Vendors making improvements to, additions to, or repair work
on real property on behalf of the University are liable for any
applicable sales or use tax on purchases of tangible personal property
used in connection with the contract for furnished to vendors by the
University for use under the contract.
2.3.8. 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.
The University shall have a reasonable period in which to inspect
and accept or reject materials without liability.
If necessity requires the University to use nonconforming
materials, an appropriate reduction in payment may be made.
2.3.9. Nondiscrimination
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 American 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.
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, age, disability, veteran status 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.
2.3.10.
Prohibitions/Conflict of Interest
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.
2.3.11.
No Vendor Contract Form/Tennessee Law
The contract documents for purchase
under the bid request shall consist of the RFQ, the successful bidder's
quotation, the contract awarded and/or the University's purchase
order. The terms and conditions of an order and duly authorized
change orders shall be the sole terms and conditions that apply to a
purchase. Any subsequent terms and conditions set forth by the
vendor on invoices, or in any other manner, shall not apply unless
expressly agreed to in writing by the University. The contract
shall be governed by Tennessee law.
2.3.12. Audit
For all awards other than for a firm,
fixed price, the Contractor shall maintain documentation for all charges
against the University and payment made by the University under this
Contract. The books, records and documents to the Contractor,
insofar as they relate to work performed or money received under this
Contract, shall be maintained for a period of three (3) full years from
the date of final payment. These documents shall be subject to
audit at any time and upon reasonable notice, by the University or the
Comptroller of the Treasury or their duly appointed
representative. The Contractor's financial statements shall be
prepared in accordance with generally accepted accounting principles.
2.3.13.
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 the University.
Bid protest procedures are available at Purchasing
Policies and Procedures, Section 1.7.
The code of ethics was
developed by the TBR Council of Buyers, approved by the Chancellor, and
shall be applicable to all employees in the Tennessee Board of Regents
System who are primarily responsible for the purchase of goods or services
for any institution or school in the system.
2.4.1 Statement of Policy
Employees must discharge their duties and
responsibilities fairly and impartially. They also should maintain a
standard of conduct that will inspire public confidence in the integrity
of the University.
2.4.2 General Standards of
Ethical Conduct
A. Any attempt to realize personal gain through public
employment inconsistent with the responsible discharge of that public
employment, is a breach of public trust.
B. Employees shall base all purchases on the principle of
competitive bidding consistent with policies of the Board and the
University.
C. Employees shall grant all competitive bidders equal
consideration, regard each transaction on its own merits, and foster and
promote fair, ethical and legal trade practices.
D. Employees shall avoid misrepresentation and sharp
practices, and demand honesty in sales representations whether offered
through the medium of a verbal or written statement, an advertisement,
or a sample of a product.
E. Employees shall be receptive to competent counsel from
colleagues, and be willing to submit any major controversy through the
appropriate appeals process.
F. Employees shall accord prompt and courteous reception
insofar as conditions permit to all who call on legitimate business
missions.
G. Employees shall not use
without consent the original designs developed by a vendor for
competitive purposes.
2.4.3 Conflict of Interest
A. It shall be a breach of ethical standards for any
employee, in the performance of official duties, to participate directly
or indirectly in any proceeding or application, request for ruling or
other determination, claim or controversy, or other particular matter
pertaining to any contract, or subcontract, and any solicitation or
proposal thereof, in which to his/her knowledge:
1. The employee or any immediate family member has a
substantial financial interest; or
2. A business or organization in which the employee or
any immediate family member has a substantial financial interest as an
officer, director, trustee, partner or employee, is a party; or
3. Any other person, business, or organization with whom
the employee or any immediate family member is negotiating or has an
arrangement concerning prospective employment is a party.
B. The determination of whether a substantial financial
interest exists shall be based upon the criteria identified in TBR
Policy No. 1:02:03:10, Conflict of Interest.
C. Direct or indirect
participation shall include, but not be limited to, involvement through
decision, approval, disapproval, recommendation, preparation of any part
of a purchase request, influencing the content of any specifications or
purchase standard, rendering of advice, investigation, auditing or in
any other advisory capacity.
2.4.4 Gratuities
It shall be a breach of ethical standards for any
employee or former employee to solicit, demand, accept or agree to
accept from another person, a gratuity or an offer of employment, in
connection with any decision, approval, disapproval, recommendation,
preparation of any part of a purchase request, influencing the content
of any specification or purchase standard, rendering of advice,
investigation, auditing or in any other advisory capacity in any
proceeding or applications, request for ruling or other determination,
claim or controversy, or other particular matter, pertaining to any
contract or subcontract and any solicitation or proposal thereof.
2.4.5 Contemporaneous
Employment Prohibited
It shall be a breach of ethical standards for any employee
who is involved in procurement to become or be, while such an employee,
the employee of any party contracting with the particular governmental
body by which the employee is employed.
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