Bids and Proposals - Instructions
Instructions and Sample Forms
Following are some basic instructions and conditions for working with the bid and proposal process here at Missoula County. You will also find links to some sample forms, documents to use throughout the process. They are listed below.
SOLICITATION INSTRUCTIONS AND CONDITIONS
MISSOULA COUNTY, MONTANA
For your convenience, this information is provided in two additional formats: Microsoft Word and Adobe Acrobat.
Microsoft Word Version | Adobe Acrobat Version
GENERAL: Bidders must carefully study and conform to this set of "Instructions for Bidders" so that their proposals will be regular, complete, and acceptable.
PROPOSALS: All proposals shall be made on the forms provided in this set of contract documents. All proposals shall be legibly written in ink or typed.
No alterations of proposals or of the printed forms by erasures or interlineations will be permitted. Proposals carrying orders or qualifications may be rejected as irregular.
Each proposal must be signed in ink on the blank spaces provided here. If the proposal is made by a firm or partnership, the name and address of the firm or partnership shall be shown, together with the names and addresses of the members. If the proposal is made by a corporation, it must be signed in the name of such corporation by an official who is authorized to bind the bidders and who shall also affix the corporate seal of such corporation.
DELIVERY OF PROPOSALS: Each proposal must be submitted in a sealed envelope, marked as specified in the "Notice Inviting Proposals," and delivered to the Bidding Department Office, Room B-12, Missoula County Courthouse, 200 W Broadway, Missoula, Montana 59802.
PUBLIC OPENING OF PROPOSALS: Proposals will be opened publicly and read at the time and date set in the "Notice Inviting Proposals" by the County Commissioners at such place as may be designated in the proposal form or "Notice Inviting Proposals."
PROPOSAL GUARANTEE: All proposals shall be accompanied by a proposal guarantee of the form and amount specified in the "Notice Inviting Proposals." The proposal guarantee shall be made payable to Missoula County.
All such proposal guarantees shall be returned to the respective bidders within three (3) days after bids are opened, except those of the three (3) low bidders, which may be retained for a period not to exceed forty-five (45) days or until the successful bidder has executed the contract. Thereafter, all remaining guarantees, including the guarantee of the successful bidder, will be returned. Should the successful bidder fail or refuse to enter into the contract in the form prescribed, with legally responsible sureties, within ten (10) days after the award is made by the Commissioners, his/her proposal guarantee will be forfeited to Missoula County as liquidated damages.
WITHDRAWAL OF BIDS: Bidders may withdraw any proposal after it has been deposited with the Central Purchasing Office, provided that the bidder makes a written request to the Bidding Officer prior to the time set for opening the proposal. At the time of opening the proposals, when such proposal is reached, it will be returned to the bidder, unopened and unread.
TELEGRAPHIC MODIFICATION: Any bidder may modify his/her bid by telegraphic communication at any time prior to the scheduled closing time for receipt of bids, provided that such telegraphic communication is received by the Bidding Officer prior to the closing time, and provided further that the Clerk and Recorder is satisfied that a written confirmation of the telegraphic modification over the signature of the bidder was mailed prior to closing time. The telegraphic communication should not reveal the bid price but should provide the addition or subtraction or other modification so that the final price or terms will not be revealed to the Bidding Officer until the sealed bid is opened. If written confirmation is not received within two (2) days after the closing time, no consideration will be given to the telegraphic modification.
ACCEPTANCE OR REJECTION OF PROPOSALS: The County Commissioners will consider the time element in awarding the contract, will accept the bid which in their estimation will best serve the interests of Missoula County, and reserve the right to award the contract to the bidder whose bid shall best serve the public good. The County Commissioners reserve the right to accept or reject any or all bids. Without limiting the generality of the foregoing, any proposal which is incomplete, obscure, or irregular may be rejected; any proposal having erasures or corrections in the proposal may be rejected; any proposal accompanied by an insufficient or irregular proposal guarantee may be rejected. Only one proposal will be accepted from one firm or association. Any evidence of collusion between bidders or of one firm having an interest in more than one proposal may constitute a cause for rejection of any bids so affected.
The County may accept any items or groups of items of any offer, unless the bidder qualifies his/her offer by specific limitations.
ADDENDUMS AND INTERPRETATIONS: No oral interpretations shall be made to any bidder as to the meaning of any of the contract documents or be effective to modify any of the provisions of the contract documents. Every request for an interpretation shall be made in writing and addressed to the Purchasing Agent and, to be given consideration, must be received at least seven (7) days prior to the date set for the opening of bids. Any and all such interpretations will be mailed to all prospective bidders (at the respective addresses furnished for such purposes) not later than five (5) days prior to the date fixed for the opening of bids. Failure of any bidder to receive any such addendum or interpretation shall not relieve such bidder from any obligation under this bid as submitted. All addendums so issued shall become as much a part of the contract documents as if bound here.
NONDISCRIMINATION: The successful bidder agrees that, in performing the work called for by this bid and in securing and supplying materials, bidder will not discriminate against any person on the basis of race, color, religious creed, political ideas, sex, age, marital status, physical or mental handicap, national origin, or ancestry unless, where applicable, the reasonable demands of employment are such that they cannot be met by a person with a particular physical or mental handicap.
FAILURE TO SUBMIT OFFER: If no offer is to be submitted, do not return the solicitation unless otherwise specified. A letter or postcard must be sent to the issuing office advising whether future solicitations for the type of supplies or services covered by this solicitation are desired. Failure of the recipient to offer, or to notify the issuing office that future solicitations are desired, may result in removal of the name of such recipient from the mailing list for the type of supplies or services covered by the solicitation.
PREPARATION OF OFFERS: Bidders are expected to examine the drawings, specifications, schedules, and all instructions.
Each bidder shall furnish the information required by the solicitation. A bidder shall sign the solicitation and print or type his/her name on the schedule and each continuation sheet thereof on which an entry is made. Erasures or other changes must be initialed by the person signing the offer. A bid signed by an agent is to be accompanied by evidence of his/her authority to sign unless such evidence has been previously furnished.
Unit price for each unit offered shall be shown, and such price shall include local delivery charges, if applicable. A total shall be entered in the amount column of the schedule for each item offered. In case of discrepancy between a unit price and extended price, the unit price will be presumed to be correct, subject, however, to correction to the same extent and in the same manner as any other mistake.
Offers for supplies or services other than those specified will not be considered unless authorized by the solicitation.
Bidders must state a definite time for delivery of supplies or for performance of services unless otherwise specified in the solicitation.
Time, if stated as a number of days, will include Saturdays, Sundays, and holidays.
BOND SECURITY: Contract (Bid) Bond--Bidder shall deposit with his/her offer a check, money order, or bank draft, in the amount as specified in the solicitation offer.
TAXES: Taxes, whether state or federal, shall not be included in bid prices.
The County of Missoula is generally exempted from federal taxes, specifically, but not limited to, excise and transportation taxes.
PARTS LISTS, OPERATION, SERVICE, AND SUPPLY MANUALS: Provision of lists and manuals as necessary for the proper operation of any equipment or device shall constitute an obligation of the supplier(s). All informational material shall be delivered with such equipment and be listed on the invoice at no charge unless a charge is stated specifically on the purchase order.
EMPLOYEES NOT TO BENEFIT: No employee or elected official of Missoula County shall be admitted to any share or part of this contract or to any benefit that may arise from it; but this provision shall not be construed to extend to this contract if made with a corporation for its general benefit.
SHIPPING CHARGES: Unless otherwise specified, all shipments will be F.O.B. destination. If it is specified that Missoula County will pay shipping charges, such charges will be prepaid by the shipper and added to the invoice as a separate charge. Shipping costs for a small portion of a large order will be the complete responsibility of the shipper. Under no circumstances will Missoula County accept a C.O.D. shipment.
RESPONSIBILITY FOR SUPPLIES: After delivery to the County at the designated point and prior to acceptance or rejection by the County, and prior to the County's giving notice of either action, the County shall be responsible for the loss or destruction of or damage to the supplies only if such loss, destruction, or damage results from the negligence of officers, agents, or employees of the County acting within the scope of their employment.
The Contractor shall bear all risks for rejected supplies after notice of rejection, except that the County shall be responsible for the loss or destruction of or damage to the supplies only if such loss, destruction, or damage results from the gross negligence of officers, agents, or employees of the County acting within the scope of their employment.
COUNTY FURNISHED PROPERTY: No material, labor, or facilities will be furnished by the County unless otherwise provided for in the solicitation.
INSPECTION: All supplies shall, upon receipt at the point of delivery, be subject to inspection and test by the County, to the extent practicable.
In case any supplies or lots of supplies are defective in material or workmanship or otherwise not in conformity with the requirements of this contract, the County shall have the right either to reject them (with or without instructions as to their disposition) or to require their correction. Supplies or lots of supplies which have been rejected or are required to be corrected shall be removed or, if permitted or required by the Contracting Officer, corrected in place by and at the expense of the Contractor promptly after notice. Such supplies or lots of supplies shall not thereafter be tendered for acceptance unless the former rejection or requirement of correction is disclosed. If the Contractor fails promptly to remove such supplies or lots of supplies which are required to be removed, or promptly to replace or correct such supplies or lots of supplies, the County may either:
- Obtain by other contract or otherwise replace or correct such supplies and charge the Contractor for costs thus incurred by the County; or
- Terminate this contract for default as provided in the clause of this contract entitled "Default."
Unless the Contractor corrects or replaces such supplies within the delivery schedule, the Contracting Officer may require the delivery of such supplies at a reduced price which is equitable under the circumstances. Failure to agree to such reduction of price shall constitute a dispute concerning a question of fact within the meaning of the clause of this contract entitled "Disputes."
- Except as otherwise provided in this contract, acceptance shall be conclusive except as regards latent defects or fraud.
- The County reserves the right to name its own inspectors.
DEFAULT: The County may, subject to the provisions of paragraph (b) below, by written notice of default to the Contractor, terminate the whole or any part of this contract in any one of the following circumstances:
- If the Contractor fails to make delivery of the supplies or to perform the services during the time specified here or any subsequent extension; or
- If the Contractor fails to perform any of the other provisions
of this contract or so fails to make progress as to endanger
performance of this contract in accordance with its terms and, in
either of these two circumstances, does not cure such failure within
a period of 10 (ten) days (or such longer period as the Contracting
Officer may authorize in writing) after receipt of notice from the
Contracting Officer specifying such failure.
- In the event the County terminates this contract in whole or in part as provided in the paragraph above, the County may procure, upon such terms and in such manner as the Contracting Officer may deem appropriate, supplies or services similar to those terminated, and the Contractor shall be liable to the County for any excess costs for such similar supplies or services, provided that the Contractor shall continue the performance of this contract to the extent it is not terminated under these provisions.
- Except with respect to defaults of subcontractors, the Contractor shall not be liable for any excess costs if the failure to perform the contract arises out of causes beyond the control and without the fault or negligence of the Contractor. Such causes may include, but are not restricted to: acts of God or of the public enemy; acts of the County in either its sovereign or contractual capacity; fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather. But in every case the failure to perform must be beyond the control of both the Contractor and subcontractor and without the fault or negligence of either of them. The Contractor shall not be liable for excess costs for failure to perform unless the supplies or services to be furnished by the subcontractor were obtainable from other sources in sufficient time to permit the Contractor to meet the required delivery schedule.
- The rights and remedies of the County provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract.
- As used in paragraph (b) of this clause, the terms "subcontractor" and "subcontractors" mean subcontractor(s) at any tier.
PAYMENTS: The Contractor shall be paid, upon the submission of proper instruments as outlined below, the prices stipulated here for supplies delivered and accepted or services rendered and accepted--less deductions, if any--as here provided. Unless otherwise specified, payment will be made on partial deliveries accepted by the County when the amount due on such deliveries so warrants; or, when requested by the Contractor, payment for accepted partial deliveries shall be made whenever such payment would equal or exceed 50% of the total amount of this contract.
- No claim will be considered for payment until the merchandise is received and/or services rendered, with the exception of these solicitations or purchase orders that designate otherwise.
- Payments will be made monthly for any claims supported by an invoice and a duplicate.
- A discounting period will be considered to start from the date that complete claims, with invoices as specified, are received.
- For a period of one (1) year after payment of any claim, Missoula County reserves the right under this contract to recover any damages due the County, as specified in the clause of this contract entitled "Default."
DISPUTES: Except as otherwise provided in this contract, any dispute concerning questions of fact arising under this contract which is not disposed of by agreement shall be decided by the Contracting Officer, who shall reduce his/her decision to writing and mail or otherwise furnish a copy to the Contractor. The decision of the Contracting Officer shall be final and conclusive unless, within thirty (30) days from the date of receipt of such copy, the Contractor mails, or otherwise furnishes to the Contracting Officer, a written appeal addressed to the Board of County Commissioners, or a duly authorized representative for the determination of such appeals. The decision of the Commissioners or their duly-authorized representative shall be final and conclusive unless determined by a court of competent jurisdiction to have been fraudulent, capricious, in bad faith, or not supported by substantial evidence. In connection with any appeal proceeding under this clause, the Contractor shall be afforded an opportunity to be heard and to offer evidence in support of its appeal. Pending final decision on such a dispute, the Contractor shall proceed diligently with the performance of the contract and in accordance with the Contracting Officer's decision.
The "Dispute" clause does not preclude consideration of questions of law in connection with decisions provided for in the paragraph above, provided that nothing in this contract shall be construed as making final the decision of any administrative official, representative, or board on a question of law.
LITIGATION: In the event that litigation is necessary, the Contractor agrees that it will be conducted in the Courts of Missoula County and/or the State of Montana.
PREFERENCE CLAUSE: Products manufactured in the State of Montana by resident industry and labor shall be preferred for use in all projects and in all materials, supplies, and equipment, if such products, materials, equipment, and supplies are comparable in price and quality.
