Iowa Administrative Code › Agency 11 - Administrative Services Department › Title V - General Services › Chapter 105 - Procurement of Goods and Services of General Use › Rule 11-105.19 - General Instructions, Terms and Conditions for Vendors

Current through Register Vol. 47, No. 3, July 24, 2024
The following instructions, terms and conditions shall apply
				  to all solicitations unless otherwise stated in the solicitation.
(1)
Instructions for
				vendors.
The vendor must follow all instructions in the manner
				prescribed and furnish all information and samples as stated in the
				solicitation. Minor deficiencies and informalities may be waived if, in the
				judgment of the department, the best interests of the state will be
				served.
(2)
Deadline for
				submission of bid or proposal.
It is the responsibility of the vendor
				to submit a response to a solicitation according to time, date, and place
				stated in the solicitation documents. Late responses will be rejected.
				Unfamiliarity with a geographical location, weather events, labor stoppages,
				failure of a carrier to meet promised delivery schedules, mechanical failures,
				and similar reasons are not sufficient justifications for the department to
				accept a late bid or proposal. At its sole discretion, the department may
				accept a late response if the delay is due to a catastrophic event and
				acceptance by the department does not result in an advantage to a
				competitor.
(3)
Confidential information in a solicitation response.
Unless
				material submitted in response to a solicitation is identified as proprietary
				or confidential by the vendor in accordance with Iowa Code section
				22.7, all
				submissions by a vendor are public information. To facilitate a fair and
				objective evaluation of proposals, submissions by vendors will not be released
				to competitors or the public prior to issuance of the notice of intent to
				award. If a vendor's claim of confidentiality is challenged by a competitor or
				through a request by a citizen to view the proposal, it is the sole
				responsibility of the vendor to defend the claim of confidentiality in an
				appropriate venue. The department will not release the subject material while
				the matter is being adjudicated.
(4)
Recycled products.
A
				vendor shall be required to include for all applicable procurements a product
				content statement providing the percentage of the content of the item that is
				reclaimed material.
(5)
Modifications or withdrawal of a solicitation response.
A
				solicitation response may be withdrawn or modified prior to the time and date
				set for opening. Withdrawal or modification requests shall be in writing. With
				the approval of the director or designee, a bid or proposal may be withdrawn
				after opening only if the vendor provides prompt notification and adequately
				documents the commission of an honest error that might cause undue financial
				loss. The department may contact a vendor to determine if an error occurred in
				the vendor's proposal.
(6)
Security.
The department may require bid or proposal security
				in accordance with subrule 105.11(5). When required, security shall not be
				waived.
(7)
Assignments.
A vendor may not assign an order or a master agreement to another
				party without written permission from the department.
(8)
Strikes, lockouts or natural
				disasters.
A vendor shall notify the department promptly whenever a
				strike, lockout or catastrophic event prevents the vendor from fulfilling the
				terms of an order or contract. The department and affected agency may elect to
				cancel an order or master agreement at their discretion.
(9)
Subcontractors or secondary
				suppliers.
Vendors shall be responsible for the actions of and
				performance of their subcontractors or secondary suppliers. Vendors shall be
				responsible for payment to all subcontractors or secondary suppliers. Vendors
				awarded a state construction contract shall disclose the names of all
				subcontractors within 48 hours after the award of the contract and advise the
				department of changes in the names of subcontractors throughout the duration of
				the project.
(10)
Material
				and nonmaterial compliance.
At its sole discretion, the department
				reserves the right to waive technical noncompliance with instructions when such
				noncompliance, as viewed by a reasonable and prudent person, did not result in
				an advantage to the vendor submitting the apparent lowest bid or best proposal
				or would not result in a disadvantage to other vendors submitting competing
				bids or proposals.
(11)
Item and pricing.
Price information shall be submitted in
				response to a solicitation as stated in the instructions. In the case of an
				error, unit price shall prevail. Unless otherwise stated, all prices shall be
				submitted with free-on-board (FOB) destination including freight and handling
				costs.
Prices for one-time purchases must be firm, and preference
				  will be given to firm prices in multiple award contracts. If the department
				  believes it is in the best interest of the state, an economic price adjustment
				  clause based on an acceptable economic indicator may be included in multiple
				  delivery contracts.
a. Price during
				testing. Items may require testing either before or after the final award is
				made. In these cases, the vendor must guarantee the price through the
				completion of testing.
b. Unless
				otherwise contained in the specifications, all items for which a vendor submits
				a quotation shall be new, of the latest model, crop year or manufacture and
				shall be at least equal in quality to those specified.
c. Escalator clauses. Unless specifically
				provided for in the solicitation document, a response containing an escalator
				clause that provides for an increase in price will not be considered.
d. Discounts. Only cash discounts that apply
				to payment terms of 30 days or more will be considered in determining awards.
				Other payment terms will not be considered. The state will attempt to earn any
				discounts offered and will compute the period from the latest of the following:
(1) From date of invoice.
(2) From the date the complete order is
				received.
(3) From the date the
				vendor's certified invoice is received.
When additional testing of a product is required after
				  delivery, the discount period shall not begin until testing is completed and
				  final approval made.