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General Terms & Conditions

GENERAL TERMS AND CONDITIONS

  1. Facsimile (FAX) and/or E-mailed bids/proposals will not be accepted.
  2. No late bids/proposals will be accepted after the specified due date & time.
  3. Bids/proposals must be submitted through the District’s electronic bid/proposal system at https://midlandisd.ionwave.net/
  4. Prices must be firm for a minimum of 120 days from bid/proposal/proposal opening date and no bid/proposal/proposal may be withdrawn without written approval after a contract has been signed or partial performance of the bid/proposal agreement has been obtained from the District.
  5. In case of error, unit prices shall govern.
  6. The District is exempt from Federal Excise Tax, State Tax and Local Tax. Do not include tax in bid/proposal.  If it is determined that tax was included in the bid/proposal, it will not be included in the tabulation or any awards.  Tax exemption certificates will be furnished upon request.
  7. The District reserves the right to accept or reject all or any part of any bid/proposal, waive minor technicalities and award the bid/proposal to best serve the interest of the District.
  8. The District reserves the right to purchase additional articles as listed on this bid/proposal subject to verification of the same or lower prices and conditions as bid/proposal. If the bid/proposal states estimated quantities, this statement is not a guarantee of quantities to be purchased. The Vendor does not have a claim to the estimated total; nor the adjustment of the unit price.
  9. During the performance of this contract, the vendor agrees not to discriminate against any employee or applicant for employment because of race, creed, color, sex, age, national origin, disability, political belief or religion.
  10. Any catalog, brand name or manufacturer’s reference used in the bid/proposal/proposal request is descriptive – not restrictive. It is intended to indicate type and quality desired.  Bids/proposals on brands of like nature and quality will be considered.  If bidding on other than reference specifications, bid/proposal must show manufacturer, brand model, etc. of article offered.  If brand other than that specified is offered, complete descriptive and illustrated information of said article must be included with the bid/proposal, etc.  If bidder makes not exception to specifications of reference data, brand names, models, etc., the district will consider the bid/proposal, etc. to be as specified.
  11. Samples when requested must be provided within five working days of the request at no cost to the District. If not destroyed in examination, they will be returned to the bidder on request at the Vendor’s request.
  12. All items must be new, in first class condition, including containers suitable for shipment and storage, unless otherwise indicated on the bid/proposal.
  13. In the absence of a written contract, the purchase order will be the District’s contract with the Vendor.
  14. The award or agreement resulting from this bid/proposal/proposal may be terminated or cancelled under the following circumstances:
    1. The District may cancel or terminate the award or agreement with a thirty (30) day written notice.
    2. During the term of the agreement, the District may terminate the agreement at the expiration of each District budget period if the funds are not appropriated for payment under the agreement. The District Fiscal Year begins on July 1st thru June 30th
    3. Work under the agreement may be terminated in whole or in part by the District upon delivery to Vendor of a notice of termination specifying the extent to which performance of work under the agreement is terminated and the date upon which termination is effective. This right of termination is in addition to and not in lieu of District rights to cancel undelivered good or services under the agreement.
    4. The District may cancel all or any part of the of the undelivered goods or services of the agreement if the Vendor breaches any of the terms of the agreement, including, but not limited to, warranties of vendor, or if Vendor becomes insolvent or begins bankruptcy or reorganization proceedings.  The District’s right of termination or cancellation is in addition to other remedies District may have in law or equity
  15. Offerors are cautioned that once a bid/proposal is opened, all information contained therein will be available to the PUBLIC unless the information is excepted from the requirements of Government Code Section 552.021 pertaining to Open Records. The exception that allows the District to protect information that, if released, would give advantage to a competitor or bidder does not apply after the bidding is complete and the contract has been awarded. Trade secrets, commercial or financial background data and privileged or confidential information may be excepted from public inspection. If any information contained in your offer qualifies for an exception because it falls into one of the categories above, it should be clearly marked “CONFIDENTIAL” and the basis of your claim of confidentiality should be stated. Data so identified will be maintained as a protected record. Offerors who claim that information contained in a proposal should be protected from public disclosure after the award of the contract may be asked to support such claim if the District receives an Open Records request for the information and requests a determination by the Attorney General.