REVERSE AUCTION TERMS AND CONDITIONS OF BID
THE UNIVERSITY OF TEXAS AT AUSTIN HAS DETERMINED THAT THIS PROCUREMENT WILL UTILIZE THE REVERSE AUCTION METHOD AS DEFINED IN THE TEXAS GOVERNMENT CODE 2155.062 AS A MEANS OF PROCUREMENT.
1. BID REQUIREMENTS:
| 1.1 | Vendors must comply with the following four requirements in order to be eligible to participate in the reverse auction event. | |
| 1.1.1 | Vendor must register with Orbis Online, Inc., at www.orbisonline.com/ut and establish a company profile. | |
| 1.1.2 | Once registered, vendor must select “view” for the specific reverse auction event by ITB number (or corresponding "RFQ number" provided by Orbis Online for that specific event) and click “participate” on the bottom of the screen. Note: Vendor is only required to register once, but registered vendors must click “participate” for each reverse auction event vendor intends to participate in. | |
| 1.1.3 | Vendor must train on the Orbis Online reverse auction platform for bidding instructions and to ensure vendor meets system requirements. Deadline for registering, “Clicking to Participate” and training is at least one hour prior to the event . Vendors are responsible for contacting Orbis Online directly for training. | |
| 1.1.4 | Vendor must Return Completed Invitation to Bid (ITB) Packages . All vendors participating in the reverse auction event must submit invitation to bid to the University of Texas at Austin by ITB due date. Submit completed ITB with all appropriate supplements and/or samples to University's Purchasing Office by the ITB due date. Each completed ITB Package is to be placed in a separate envelope and properly identified with Bid No. , Reverse Auction event date and ITB due date . All vendors must return completed signed bid packages by the time and date specified in the ITB. HUB Subcontracting Plans (HSP), if required, MUST be included in the bid package or bid will be disqualified. Pricing on ITB must match final pricing submitted during reverse auction event. In all cases, unit prices shall govern in the event of extension errors. Late ITB packages will be considered non-responsive. Notice to Vendors: Failure to submit the completed bid package after participating in online auction event will result in an unsatisfactory vendor performance report. The bid evaluation is not complete until the contract is awarded. Documents can be faxed or mailed to:
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| 1.2 | Early Proxy Bidding – Early bids submitted via proxy should be submitted using this Invitation to Bid document to Orbis Online. Bids must be time stamped a minimum of one hour prior to the scheduled auction start time specified in the Invitation to Bid document. Reverse Auction Early Proxy Bidding requires that the vendors be registered at least one hour before the start of the event. Early proxy bids will be entered online by Orbis Online, Inc. during the auction event. If submitting a proxy bid, Bidder is still responsible for complying with requirements of Section 1.1. Assisted Bidding by Proxy – In the event of technical issue(s) when bidding online, bids may be submitted by proxy using this Invitation to Bid document. Proxy bids are to be faxed or delivered to the address below prior to the end of the auction event, in accordance with the auction rules: Orbis Online, Inc.
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| 1.3 | Quote F.O.B. Destination. Bid pricing must include all cost for item, delivery and installation (if requested). In case of errors, unit prices shall govern. Bid prices entered online will be considered firm for acceptance within 30 days unless otherwise specified. Cash discounts will not be considered in determining award; all cash discounts offered will be taken if earned. List and deduct trade, educational or other discounts, not based on early payment, from prices quoted. | |
| 1.4 | The University is exempt from State Sales Tax and Federal Excise Tax. Do not include in bid. Tax Exemption Certificate furnished on request. | |
| 1.5 | Bids must give full name and address of bidder. | |
| 1.6 | University reserves the right to accept or reject all or part of any bid, waive any formalities or technical inconsistencies, delete any requirement or specification from this Invitation, or terminate this solicitation when deemed to be in University's best interest. | |
| 1.7 | Telegraphic/facsimile response to any bid invitation must be on the bid invitation form. Telephone bids are not acceptable in response to this invitation to bid. CAUTION: The University and Orbis Online, Inc. offer facsimile service as a convenience only. The University and Orbis Online, Inc. shall not be responsible for bids received late, illegible, incomplete, or otherwise non-responsive due to failure of electronic equipment or operator error. Confirmation of facsimile bids is not required. |
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| 1.8 | Vendor hereby assigns to purchaser any and all claims for overcharges associated with this contract which arise under the antitrust laws of the United States , 15 U.S.C.A. Sec. 1 et seq. (1973) and the State of Texas , Tex. Bus. &. Comm. Code Ann. Sec. 15.01, et seq. (1967). | |
| 1.9 | The Vendor ID Number is the taxpayer number assigned and used by the Comptroller of Public Accounts of Texas. If the Vendor ID number is not known, enter your Federal Employers Identification Number or Social Security Number if a sole owner. | |
| 1.10 | In the case of tie bids, the award will be made in accordance with the Texas Building and Procurement Commission Rule 1 T.A.C. Section 113.6(b)(3)(8) (preferences). | |
| 1.11 | Vendor shall not assign any purchase order resulting from reverse auction event without prior written approval of The University of Texas at Austin Purchasing Office. | |
2. SPECIFICATIONS:
| 2.1 | Unless specifically stated, any catalog, brand name or manufacturers reference used is descriptive (not restrictive), and is used to indicate type and quality desired. Bids on brands of like nature and quality will be considered. If bidding on other than referenced specifications, bid MUST show manufacturer brand or trade name and description of product offered. Illustrations and complete descriptions of product offered should be made part of the bid. If no exception is taken to the specifications shown, bidder will be required to furnish brand names, numbers, etc., as shown in the invitation. |
| 2.2 | All items bid shall be new, in first class condition, including containers suitable for shipment and storage, unless otherwise indicated in bid invitation. Verbal agreements to the contrary will not be recognized. |
3. DELIVERY:
| 3.1 | Bid should show number of days required to place material in designated location under normal conditions. Unrealistically short or long delivery promises may cause bid to be disregarded. Failure to state delivery time obligates the bidder to complete delivery in 14 calendar days |
| 3.2 | The Texas Hazard Communication Act (Article 5182b, VTCS) requires chemical manufacturers and distributors to provide Material Safety Data Sheets (MSDS) for hazardous materials sold. Products covered by The Act must be accompanied by a Material Safety Data Sheet and such product labeled in compliance with the law. If the product is not covered under the Act, a statement of exemption must be provided. |
4. VENDOR AFFIRMATION: BY SIGNATURE HEREON,
| 4.1 | Bidder affirms that he has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with the submitted bid. Failure to sign the bid may, or signing it with a false statement shall, void the submitted bid or any resulting contracts, and the bidder will be removed from all bid lists. | |
| 4.2 | Bidder affirms that no affiliation exists between owners, officers, administrators and employees of the bidder and The University which could be construed as a conflict of interest. | |
| 4.3 | Bidder certifies that he is not currently delinquent in the payment of any franchise tax owed the State of Texas under Chapter 171, Tax Code. Making a false statement as to corporate tax status is a material breach of contract. | |
| 4.4 | Bidder hereby certifies that neither the bidder nor the firm, corporation, partnership or institution represented by the bidder, or anyone acting for such firm, corporation, or institution has violated the antitrust laws of this State, codified in Section 15.01 et seq., Texas Business and Commerce Code, Federal Antitrust Laws, nor communicated directly or indirectly the bid made to any competitor or any other person engaged in such line of business. |
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| 4.5 | Bidder has not received compensation for participation in the preparation of the specifications for this Invitation to Bid. | |
| 4.6 | Under Section 2155.004 Government Code (relating to collection of state and local sales and use taxes) the bidder certifies that the individual or business entity named in this bid is not ineligible to receive the specified contract and acknowledges that this contract may be terminated and/or payment withheld if this certification is inaccurate. |
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| 4.7 | Bidder agrees that any payments due under this contract will be applied towards any debt, including but not limited to delinquent taxes and child support owed to the State of Texas. |
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| 4.8 | The contractor shall defend, indemnify, and hold harmless the State of Texas, all of its officers, agents and employees from and against all claims, actions, suits, demands, proceedings, costs, damages, and liabilities, arising out of, connected with, or resulting from any acts or omissions of contractor or any agent, employee, subcontractor, or supplier of contractor in the execution for performance of this contract. | |
| 4.9 | Bidder certifies that they are in compliance with section 699.003 of the Government Code, relating to contracting with executive head of State agency. If section 699.003 applies, bidder will complete the following information in order for bid to be evaluated. | |
| Name of Former Executive: | ________________________ | |
| Name of State Agency: | ________________________ | |
| Date of Separation from State Agency: |
________________________ | |
| Position with Bidder: | ________________________ | |
| Date of Employment with Bidder: |
________________________ | |
| 4.10 | Bidder agrees to comply with Government Code 2155.4441, pertaining to service contract use of products produced in the State of Texas . | |
5. TEXAS RESIDENT AFFIRMATION CLAUSE:
Texas Resident Affirmation Clause: |
6. GENERAL:
| 6.1 | Inquiries pertaining to bid invitations must give Bid Invitation No. and Opening Date. | |||||||||||||||
| 6.2 | This bid invitation and any order issued as a result shall be governed by the laws of the State of Texas . Under Section 231.006, Family Code, the vendor or applicant certifies that the individual or business entity named in this contract, bid, or application is not ineligible to receive the specified grant, loan, or payment and acknowledges that this contract may be terminated and payment may be withheld if this certification is inaccurate. If the paragraph above is applicable, provide names and social security numbers of each person with at least 25% ownership in space provided below. Bidders that have pre-registered this information on the Texas Building and Procurement Commission's Centralized Master Bidders List have satisfied this requirement. |
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(Attach any additional documentation
as necessary)
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FAILURE TO MANUALLY SIGN MAY DISQUALIFY BID.
REVISED January 2004
