Sec.4d-3-4. Submission of bids and proposals

(a) Bids or proposals shall be submitted in a manner approved by the department.

(b) The time and date bids or proposals are to be opened is given in each ITB or RFP issued. Bids or proposals received after the specified time and date of opening given in each ITB or RFP shall not be considered. All bids or proposals shall be sealed in envelopes, boxes or other suitable packaging. All bids or proposals shall be addressed to the department, as indicated in the ITB or RFP. Bids and proposals shall clearly indicate the bid or proposal number as well as the due date of the bid or proposal. The name and address of the bidder or proposer shall appear in the upper left-hand corner of the envelope, box or other suitable packaging.

(c) Amendments to previously submitted bids or proposals, if received by the CIO after the time specified for opening bids or proposals, shall not be considered. A person duly authorized to sign bids or proposals on behalf of the bidder or proposer shall sign all bids or proposals. Unsigned bids or proposals may be rejected. All signatures shall be original signatures unless there is specific authorization from the CIO or other legal authority for the use of other forms of signature. The person signing the bid or proposal or his authorized designee shall initial and date all erasures, alterations or corrections on both the original and copy of any documentation submitted to the department. Failure to do so may result in rejection of the bid or proposal for those items erased, altered or corrected and not initialed.

(d) All information required in bid or proposal forms shall be provided in order to constitute a responsive bid or proposal. Failure to provide such complete information may result in rejection of the bid or proposal as non-responsive.

(e) Conditional bids or proposals are subject to rejection in whole or in part.

(f) Bids and proposals may be submitted for all or any part of total quantities or for any or all agency requirements listed in the invitation to bid, or request for proposal, unless otherwise specifically indicated.

(g) Alternate bids or proposals are subject to rejection in whole or in part.

(h) Multiple bids or proposals are subject to rejection in whole or in part.

(i) Unless otherwise specified, the use of the name of a manufacturer or of any particular make, model or brand in describing an item shall not restrict bidders or proposers to that manufacturer or specific articles; the name so used merely serves to indicate the character or quality of the article desired. The article offered shall be of such character and quality and include any applicable options, or accessories, as shall meet all of the specifications shall serve equally the purposes for which it is to be used as well as that specified, and shall be so warranted by the bidder or proposer. Bids or proposals on comparable items shall clearly state the exact article being offered, including any and all applicable options or accessories, and the bidder or proposer shall furnish such other information concerning the article being offered as shall be helpful in evaluating its acceptability for the purpose intended. If the bidder or proposer does not indicate that the article is other than as specified, it shall be understood that the bidder or proposer is offering the article exactly as specified.

(j) Prices shall be extended in decimals, not fractions, and shall include transportation and delivery charges fully prepaid by the contractor to the destination specified in the bid or proposal, and subject only to a cash discount.

(k) Because the state is exempt from the payment of excise, transportation and sales taxes imposed by the federal government and the state, such taxes shall not be included in bid or proposal prices. Federal excise exemption certificates shall be furnished, on request, by either the ordering agency or the department.

(l) In the event of a discrepancy between the unit price and the extension price, the unit price shall govern. Any discrepancy between the two copies of the proposed schedule submitted may result in rejection of bids or proposals for the items so affected, except in the event of bids or proposals awarded on a total basis in which case the lower total price shall he considered in making the award.

(m) The bid or proposal shall declare that the bid or proposal is without collusion or fraud.

(n) The CIO shall have the right to amend or cancel an invitation to bid or request for proposal prior to the award of a contract.

(Adopted effective August 9, 2004)