City of Lincoln  
City of Lincoln/
Lancaster County
Purchasing

Instructions to Bidders
City of Lincoln/Lancaster County
Public Building Commission

 


1.  Bidding Procedure
    1.1  Bidder shall submit two (2) complete sets of the bid documents and
	 all supporting material. All appropriate blanks shall be completed.
	 Any interlineation, alteration or erasure on the specification
	 document shall be initialed by the signer of the bid.  Bidder shall
	 not change the proposal form nor make additional stipulations on
	 the specification document.  Any amplified or qualifying
	 information shall be on the bidder's letterhead and firmly attached
	 to the specification document.
    1.2  Bid prices shall be submitted on the Proposal Form included in the
	 bid document and in a sealed envelope with the bid number and/or
	 description clearly marked on the outside of the envelope.
    1.3  Each bid must be legibly printed in ink or by typewriter, include
	 the full name, business address, and telephone number of the
	 bidder; and be signed in ink by bidder.
    1.4  A bid by a firm or organization other than a corporation must
	 include the name and address of each member.
    1.5  A bid by a corporation must be signed in the name of such
	 corporation by a duly authorized official thereof.
    1.6  Any person signing a bid for a firm, corporation, or other
	 organization must show evidence of his authority so to bind such
	 firm, corporation, or organization.
    1.7  Bids received after the time and date established for receiving
	 bids will be rejected.

2.  Bidder's Security
    2.1	 Bid security, as a guarantee of good faith, in the form of a
	 certified check, cashier's check, or bidder's bond, may be required
         to be submitted with this bid document, as indicated on the
	 Proposal Form.
    2.2	 If alternate bids are submitted, only one bid security will be
         required, provided the bid security is based on the amount of the
         highest gross bid.
    2.3	 Such bid security will be returned to the unsuccessful bidders when
         the award of bid is made.
    2.4	 Bid security will be returned to the successful bidder(s) as
         follows:
	 1.  For single order bids with specified quantities: upon the
             delivery of all equipment or merchandise, and upon final
             acceptance by the County.
	 2.  For all other contracts:  upon approval by Building Commission
             of the executed contract and bonds.
    2.5	 Building Commission shall have the right to retain the bid security
         of bidders to whom an award is being considered until either:
	 1.  A contract has been executed and bonds furnished.
	 2.  The specified time has elapsed so that the bids may be
             withdrawn.
	 3.  All bids have been rejected.
    2.6	 Bid security will be forfeited to the Building Commission as full
         liquidated damages, but not as a penalty, for any of the following
         reasons, as pertains to this specification document:
	1.  If the bidder fails to deliver the equipment or merchandise in
            full compliance with the accepted proposal and specifications.
	2.  If the bidder fails or refuses to enter into a contract on forms
            provided by the Building Commission, and/or if the bidder fails
            to provide sufficient bonds or insurance within the time period
            as established in this specification document.

3. Equal Opportunity
    3.1	 Each bidder agrees that it shall not discriminate against any
         employee or applicant for employment because of race, color,
         religion, sex, disability, national origin, age, or marital status.
         In the employment of persons, bidder shall take affirmative action
         to ensure that applicants are employed and that employees are
         treated during employment without regard to race, color, religion,
         sex, disability, national origin, age, or marital status.

4. Data Privacy
    4.1	 Bidder agrees to abide by all applicable State and Federal laws and
         regulations concerning the handling and disclosure of private and
         confidential information concerning individuals and corporations
         as to inventions, copyrights, patents and patent rights.
    4.2	 The bidder agrees to hold the Building Commission harmless from any
         claims resulting from the bidder's unlawful disclosure or use of
         private or confidential information.

5. Bidder's Representation
    5.1	 Each bidder by signing and submitting a bid, represents that the
         bidder has read and understands the specification documents, and
         the bid has been made in accordance therewith.

    5.2	 Each bidder for services further represents the bidder is familiar
         with the local conditions under which the work is to be done and
         has correlated the observations with the requirements of the bid
         documents.

6. Independent Price Determination
    6.1	 By signing and submitting this bid, the bidder certifies that the
         prices in this bid have been arrived at independently, without
         consultation, communication or agreement, for the purpose of
         restricting competition, as to any matter relating to such prices
         with any other bidder or with any competitor; unless otherwise
         required by law, the prices which have been quoted in this bid
         have not been knowingly disclosed by the bidder prior to bid
         opening directly or indirectly to any other bidder or to any
         competitor; no attempt has been made, or will be made, by the
         bidder to induce any person or firm to submit, or not to submit,
         a bid for the purpose of restricting competition.

7. Clarification Of Specification Documents
    7.1	 Bidders shall promptly notify the Purchasing Agent of any
	 ambiguity, inconsistency or error discovered upon examination of
	 the specification documents.
    7.2	 Bidders desiring clarification or interpretation of the
         specification documents shall make a written request which must
         reach the Purchasing Agent at least seven (7) calendar days prior
         to date and time for bid receipt.
    7.3	 Interpretations, corrections and changes made to the specification
         documents will be made by written addenda.
    7.4	 Oral interpretations or changes to the Specification Documents made
         in any other manner, will not be binding on the Building
	 Commission; and bidders shall not rely upon such interpretations or
	 changes.

8. Addenda
    8.1	 Addenda are written instruments issued by the Building Commission
         prior to the date for receipt of bids which modify or interpret the
         specification document by addition, deletion, clarification or
         correction.
    8.2	 Addenda will be mailed or delivered to all who are known by the
         Building Commission to have received a complete set of
	 specification documents.
    8.3	 Copies of addenda will be made available for inspection at the
         office of the Purchasing Agent.
    8.4	 No addendum will be issued later than forty-eight (48) hours prior
         to date and time for receipt of bids, except an addendum with-
	 drawing the invitation to bid, or an addendum which includes
	 postponement of the bid.
    8.5	 Bidders shall ascertain prior to submitting their bid that they
         have received all addenda issued, and they shall acknowledge
         receipt of addenda on the proposal form.

9. Brand Names
    9.1	 Wherever in the specifications or proposal form brand names,
         manufacturer, trade name, or catalog numbers are specified, it is
         for the purpose of establishing a grade or quality of material
         only; and the term "or equal" is deemed to follow.
    9.2	 It is the bidder's responsibility to identify any alternate items
         offered in the bid, and prove to the satisfaction of the Building
         Commission that said item is equal to, or better than, the product
         specified.
    9.3	 Bids for alternate items shall be stated in the appropriate blank
         on the proposal form, or if the proposal form does not contain
         blanks for alternates, bidder MUST attach to the specification
         documents on Company letterhead a statement identifying the
         manufacturer and brand name of each proposed alternate, plus a
         complete description of the alternate items including
         illustrations, performance test data and any other information
         necessary for an evaluation.  The bidder must indicate any
         variances by item number from the specification document no
         matter how slight.  Bidder must fully explain the variances
         from the specification document, since brochure information may
         not be sufficient.
    9.4	 If variations are not stated in the proposal, it will be assumed
         that the item being bid fully complies with the Building
         Commission's specifications.

10. Demonstrations/Samples

   10.1	 Bidders shall demonstrate the exact item(s) proposed within seven
         (7) calendar days from receipt of such request from the Building
         Commission.
   10.2	 Such demonstration can be at the Building Commission delivery
         location or a surrounding community.
   10.3	 If bidder does not have an item in the area, it will be at the
         bidder's expense to send appropriate Building Commission personnel
         to the nearest location to view and inspect proposed item(s).
   10.4	 If items are small and mailable, and the bidder is proposing an
         alternate product, the bidder MUST supply a sample of the exact
         item.  Samples will be returned at bidder's expense after receipt
         by the Building Commission of acceptable goods.  Bidders must
         indicate how samples are to be returned.

11. Delivery
   11.1  Each bidder shall state on the proposal form the date upon which
         he can make delivery of all equipment or merchandise.  Time
         required for delivery is hereby made an essential element of the
         bid.
   11.2  The Building Commission reserves the right to cancel orders, or
         any part thereof, without obligation, if delivery is not made
         within the time(s) specified on the proposal form.
   11.3	 All bids shall be based upon delivery of the equipment or
         merchandise F.O.B. the Building Commission at the location
         specified by the Building Commission, with all transportation
         charges paid.

12. Warranties, Guarantees And Maintenance
   12.1	 Copies of the following documents must accompany the bid proposal
         for all items being bid:
	 1.  Manufacturer's warranties and/or guarantees.
	 2.  Bidder's maintenance policies and associated costs.
   12.2	 The Building Commission requires a minimum guarantee in writing
         from bidders that any defective components discovered within a one
         (1) year period after the date of acceptance shall be replaced at
         no expense to the Building Commission.  Replacement parts of
         defective components shall be shipped at no cost to the Building
         Commission.  Shipping costs for defective parts required to be
         returned to the bidder shall be paid by the bidder.

13. Acceptance Of Material
   13.1  All components used in the manufacture or construction of
         materials, supplies and equipment, and all finished materials,
         shall be new, the latest make/model, of the best quality, and the
         highest grade workmanship.
   13.2	 Material delivered under this proposal shall remain the property of
         the bidder until:
	 1.  Physical inspection and actual usage of this material is made
             and found to be acceptable to the Building Commission; and
	 2.  Material is determined to be in full compliance with the
             specifications and accepted proposal.
   13.3	 In the event the delivered material is found to be defective or
         does not conform to the specification documents and accepted
         proposal, then the Building Commission reserves the right to
         cancel the order upon written notice to the bidder and return
         materials to the bidder at bidder's expense.
   13.4	 Successful bidder shall furnish title to the material, free and
         clear of all liens and encumbrances, issued in the name of
         Lancaster County, Nebraska, as required by the specification
         documents or purchase orders.
   13.5	 Selling dealer's advertising decals, stickers or other signs shall
         not be affixed to equipment.  Vehicle mud flaps shall be installed
         blank side out with no advertisements.  Manufacturer's standard
         production forgings, stampings, nameplates and logos are acceptable.

14. Bid Evaluation And Award
   14.1  The signed bid proposal shall be considered an offer on the part
         of the bidder.  Such offer shall be deemed accepted upon issuance
         by the Building Commission of purchase orders, contract award
         notifications, or other contract documents appropriate to the work.
   14.2	 No bid shall be modified or withdrawn for a period of sixty (60)
         calendar days after the time and date established for receiving
         bids, and each bidder so agrees in submitting the bid.
   14.3	 In case of a discrepancy between the unit prices and their
         extensions, the unit prices shall govern.
   14.4	 The bid will be awarded to the lowest responsive, responsible
         bidder whose proposal will be most advantageous to the Building
         Commission, and as the Building Commission deem will best serve
         their requirements.
   14.5	 The Building Commission reserves the right to accept or reject any
         or all bids, or parts of bids; to request rebids; to waive
         irregularities and technicalities in bids; or to award the bid on
         a split-order basis, or lump-sum basis; such as shall best serve
         the requirements and interests of the Building Commission.

15. Indemnification
   15.1	 The bidder shall indemnify and hold harmless the Building
         Commission, its members, its officers and employees from and
         against all claims, damages, losses, and expenses, including, but
         not limited to attorney's fees arising out of or resulting from the
         performance of the contract, provided that any such claim, damage,
         loss or expense is attributable to bodily injury, sickness, disease
         or death, or to injury to or destruction of tangible property other
         than goods, materials and equipment furnished under this contract)
         including the loss of use resulting therefrom; is caused in whole
         or part by any negligent act or omission of the bidder, any
         subcontractor, or anyone directly or indirectly employed by any one
         of them or anyone for whose acts made by any of them may be liable,
         regardless of whether or not it is caused by a party indemnified
         here under.
   15.2	 In any and all claims against the Building Commission or any of
         its members, officers or employees by an employee of the bidder,
         any subcontractor, anyone directly or indirectly employed by any
         of them or by anyone for whose acts made by any of them may be
         liable, the indemnification obligation under paragraph 15.1 shall
         not be limited in any way by any limitation of the amount or type
         of damages, compensation or benefits payable by or for the bidder
         or any subcontractor under worker's or workmen's compensation acts,
         disability benefit acts or other employee benefit acts.

16. Terms Of Payment
   16.1	 Unless other specification provisions state otherwise, payment in
         full will be made by the Building Commission within thirty (30)
         calendar days after all labor has been performed and all equipment
         or other merchandise has been delivered, and all such labor and
         equipment and other materials have met all contract specifications.

17. Laws
   17.1	 The Laws of the State of Nebraska shall govern the rights,
         obligations, and remedies of the Parties under this proposal and
         any agreement reached as a result of this process.

18. Affirmative Action
    18.1 The City of Lincoln-Lancaster County Purchasing Division provides 
  	 equal opportunity for all bidders and encourages minority businesses 
	 and women's business enterprises to participate in our bidding process.



Purchasing