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Terms and Conditions
EVALUATION AND AWARD CRITERIA:
- ACCEPTANCE OR REJECTION: Nixa Public Schools reserves the right to accept or reject any or all bids, in whole or in part, to take exception to any request for bid specifications, to make an award based solely on the proposals received or to negotiate further with one or more Vendors. Nixa Public Schools also reserves the right to negotiate a contract with the selected Vendor(s), which is at variance with the request for bid initially prepared by Nixa Public Schools and/or responded to by the Vendor. Failure to comply with the request for bid by a Vendor, as determined by Nixa Public Schools may be grounds for the exclusion of such Vendor from further consideration by Nixa Public Schools.
- SELECTION: Nixa Public Schools shall select the Vendor deemed to be fully qualified and best suited among those submitting bids. Price shall be considered, but need not be the sole determining factor. After reviewing all request for bids submitted, Nixa Public Schools shall select the Vendor, which, in its opinion, has made the best bid proposal, and shall award the bid to that Vendor. Nixa Public Schools may cancel this Request for Bid or reject a bid at any time prior to an award. Should Nixa Public Schools determine in writing and in its sole discretion that only one Vendor is fully qualified, or that one Vendor is clearly more highly qualified than the others under consideration, a bid proposal may be negotiated and awarded to that Vendor.
PAYMENT METHOD AND SCHEDULE: Invoices shall be paid NET 30 day after receipt of order and approval by district administration. The Vendor shall list the Purchase Order number on all invoices submitted.
Mail Invoices Directly To: Nixa Public Schools
Accounts Payable Department
301 S. Main St.
Nixa, MO 65714
SPECIAL TERMS AND CONDITIONS
- ADVERTISING: In the event a contract is awarded for supplies, equipment, or services resulting from this bid, no indication of such sales or services to Nixa Public Schools will be used in product literature or advertising unless approved by Nixa Public Schools Chief Communication Officer (CCO) in writing. The Vendor shall not state in any of its advertising or product literature that Nixa Public Schools has purchased or uses any of its products or services, and the Vendor shall not include Nixa Public Schools in any client list in advertising and promotional materials unless approved by the CCO.
- BEST AND FINAL OFFER (BAFO): At the conclusion of negotiations, the Vendor(s) may be asked to submit in writing, a best and final offer (BAFO). After the BAFO is submitted, no further negotiations shall be conducted with the Vendor(s). The decision to award will be based on the final evaluation including the BAFO.
- RECEIPT AND OPENING OF BIDS: It is the responsibility of the Vendor to assure that the bids are delivered to the place designated for receipt of the same and prior to the time set for receipt of the bid. No bid received after the time designated for receipt of bids shall be considered. Vendors are responsible for the delivery of the bid or proposal and if using U.S. Mail or a delivery service should ensure that the bid or proposal is addressed properly. The official time used in receipt of bids shall be the time on the digital wall clocks of Nixa Public Schools.
- BID PROPOSAL ACCEPTANCE PERIOD: This bid shall be binding upon the Vendor for 120 calendar days following the bid return date. Any bid proposal on which the Vendor shortens the acceptance period may be rejected. At the end of the 120 days, the bid proposal may be withdrawn at the written request of the Vendor. If the bid proposal is not withdrawn at that time it remains in effect until an award is made or the solicitation is canceled.
- COMPLIANCE WITH LAW: All goods and services provided to Nixa Public Schools shall be done so in accordance with any and all local, state and federal laws, regulations and/or requirements.
- DISTRICT REVIEW/APPROVAL: All goods, services, products, designs, etc. produced by a Vendor for or on behalf of Nixa Public Schools are subject to Nixa’s review and approval prior to bid award.
- PRODUCT INFORMATION: The Vendor shall clearly and specifically identify the product being offered and enclose complete and detailed descriptive literature and specifications with the quote to enable Nixa Public Schools to determine if the product offered meets the requirements of the solicitation. Failure to do so may cause the quote to be considered non-responsive.
- QUANTITIES: Quantities set forth in this SRFB are minimums only, and the Vendor shall supply at bid prices actual quantities as ordered.
- INDEMNIFICATION: The Vendor agrees to indemnify, defend and hold harmless Nixa Public Schools, its officers, agents, and employees from any claims, damages and actions of any kind or nature, whether at law or in equity, arising from or caused by the use of any materials, goods, or equipment of any kind or nature furnished by the Vendor/any services of any kind or nature furnished by the Vendor, provided that such liability is not attributable to the sole negligence of Nixa Public Schools or to failure of Nixa Public Schools to use the materials, goods, or equipment in the manner already and permanently described by the Vendor on the materials, goods or equipment delivered.
QUALIFICATION OF VENDOR:
Nixa Public Schools will not do business with Vendors who have been suspended or debarred on a state or federal level. Vendors must complete Vendor Verification Forms and the Affidavit for Contracts over $5,000 and provide a W-9.
By signing/submitting the request for bid, the Vendor certifies that they have the capability, in all respects, to fully satisfy the request for bid. Vendor understands they must be an approved vendor with Nixa Public Schools. The following documents must be in place with the District for a Vendor to be added to the Nixa Public Schools’ Approved Vendor List. These forms are available on the District’s web page: Communication Tab/Communication Department
- Notice to Vendors & Bidders – District Form DJF-AF2
Please note that an individual bid may have additional or more specific terms. Please refer to each bid specifically to see if additional terms, specifications, or qualifiiations are included.