Sec.4d-3-8. Contract; rights of the state

(a) Each bid shall be submitted with the understanding that the acceptance in writing by the CIO of the offer to furnish any or all of the information technology personal property or services described therein shall constitute a contract between the bidder and the state. Such contract shall bind the bidder on his part to furnish and deliver the information technology personal property or services at the prices given and in accordance with conditions set forth in the invitation to bid, the accepted bid, and sections 4d-3-1 through 4d-3-19 of the Regulations of Connecticut State Agencies. Such contract shall bind the state on its part to order the information technology personal property or services from such contractor, except as may otherwise be provided in the invitation to bid, and subject to the availability of appropriated funds, and to pay at the contract prices all information technology personal property or services ordered and delivered. The state reserves the right to order 10 percent more or less than the quantity listed in the bid or as amended in the award.

(b) No alterations or variations of the terms of a contract shall be valid or binding upon the state unless made in writing and signed by the CIO.

(c) Contracts shall remain in force until:

(1) Terminated in accordance with the contract's terms and conditions; or

(2) Extended in accordance with section 4a-59a of the Connecticut General Statutes, and upon written authorization of the CIO and acceptance by the contractor, to permit ordering of unordered balances or additional quantities at the contract price and in accordance with the contract terms.

(d) The placing of a notice of award in the mail to the bidder's address given in the bid or the delivery of a notice of award to a bidder shall constitute notice of acceptance of the bid. Refusal to accept a contract as provided for in section 4a-59 of the Connecticut General Statutes shall subject such bidder to the provisions of subsection (h) of this section to pay the increased costs incurred by the State in procuring the information technology personal property or services.

(f) The contract may be canceled by the CIO upon nonperformance of the contract terms or failure of the contractor to furnish performance surety within ten business days from date of request. Any unfulfilled deliveries provided for under such contract may be purchased from other sources at the contractor's expense.

(g) Failure of a contractor to deliver information technology personal property or services within the time specified in the bid or proposal, or within a reasonable time as determined by the CIO, or failure to replace rejected supplies, materials and equipment or to fulfill unperformed services when so requested, immediately or as directed by the CIO, shall constitute authority for the CIO to terminate the contract and purchase on the open market information technology personal property or services to replace those which have been rejected, not delivered, or not performed. The CIO reserves the right to authorize immediate purchases on the open market in the case of rejections under any contract. On all such purchases, the contractor shall immediately reimburse the state for excess costs occasioned by such purchases. Such purchases shall be deducted from the contract quantities. However, should public necessity demand it, the state reserves the right to use or consume information technology personal property or services delivered which are substandard in quality, subject to an adjustment in price to be determined by the CIO.

(h) When information technology personal property or services are rejected, they shall be removed by the contractor from the premises of the agency within forty-eight hours after notification, unless public health and safety require immediate destruction or other disposal of such rejected delivery. Rejected items left longer than forty-eight hours shall be considered abandoned and the state shall have the right to dispose of them as if they were its own property.

(i) A contract or bid acceptance is not an order to ship. A contractor must have received a written purchase order before it may begin to fill any such order. All orders shall be in writing and shall bear the contract number and approval of the Comptroller. A contractor making delivery without formal written order does so at his own risk, which may include rejection of the delivery. In the event of any discrepancy between the contract and a purchase order, the terms of the contract shall prevail.

(j) No person shall be awarded a contract or amendment to a contract, if the person directly or indirectly participates in any of the following activities on behalf of the state concerning a contract for state agency information systems or telecommunication system facilities, Information technology personal property or services: preparation of the request for information or request for proposals, development of bid specifications or proposal requirements, evaluation of bids or proposals, or negotiations with potential contractors.

(Adopted effective August 9, 2004)