All supplies and equipment offered and furnished must be new and of current production unless the request for bid specifically permits offer of used or recycled items. Remanufactured or reconstructed items are not considered new. The state may desire new equipment employing trade-ins or used equipment. The state reserves the right to purchase equipment either with or without the trade-in. Substitutions Substitution is defined as shipment of an item that materially conforms to the specifications but is technically different from the item bid.
Substitution requires the approval of the buyer prior to shipment.
Any products delivered that do not meet the specifications will be returned to the vendor at the vendor's expense. When a shipment or product is returned, the vendor must make immediate replacement with acceptable merchandise or the state may seek remedies for default. If it is necessary to back order any items, the vendor should notify the agency and advise of expected delivery or shipment date. If this date is not acceptable, the state may seek remedies for default. In case of any default by the contractor, the state may procure the product or service from other sources and hold the contractor responsible for any damages incurred including, but not limited to, excess cost or handling charge.