Terms & Conditions

Oklahoma County general terms and conditions for invitations to bid and requests for proposals.

Explanation to Bidders


Bidders who need clarification shall contact the Purchasing Department officer shown on the ITB/RFP.

Oral explanations or instructions given before award of a contract will not be binding.

Any information given to a bidder concerning a solicitation will be provided promptly to all other bidders as an amendment if that information is necessary in submitting bids or if the lack of it would preclude other bidders.

Type of Contract


This is a firm, fixed price contract for the supplies/services specified.

Preparation of Bids


Bidders are expected to examine the solicitation, statement of work, instructions, and all amendments. Failure to do so will be at the bidder's risk.

Each bidder shall provide the information required by the solicitation. Bids shall be typewritten or written in ink, signed and notarized. Penciled bids will not be accepted. The person signing the bid shall initial erasures or other changes.

Unit price shall be entered on the form provided or a copy thereof.

If supplier wishes to bid "all or none" this must be clearly shown on the bid.

Recipients of this solicitation not responding with a bid shall return only the front sheet annotated with "no bid", their company name and address.

F.O.B. Destination & Shipping Instructions


Unless otherwise specified, all goods are to be shipped pre-paid, F.O.B. Destination.

F.O.B. Destination shall mean delivered to the receiving dock or other point specified in the purchase order.

The County assumes no responsibility for goods until accepted at the receiving point in good condition.

Title and risk of loss or damage to all items shall be the responsibility of the contract supplier until accepted by the ordering agency.

The successful supplier shall be responsible for filing, processing, and collecting all damage claims.

Delivery


For any exception to the delivery date as specified on this order, the vendor shall give prior notification and obtain written approval thereto from the Purchasing Director or appropriate buyer with respect to delivery under this contract.

Time is of the essence and the order is subject to termination for failure to deliver as specified and/or appropriate damages.

Changes


No alteration in any of the terms, conditions, delivery price, quality, quantities, or specification of this order will be effective without written consent of the Purchasing Director or appropriate Purchasing Officer.

Amendments to Invitation to Bid


If this solicitation is amended, then all terms and conditions, which are not modified, remain unchanged.

Bidders shall acknowledge receipt of any amendment to this solicitation by signing and returning the amendment form.

Purchasing must receive the acknowledgement by the opening time and date specified for receipt of bids.

Rejection


All goods or materials purchased herein are subject to approval by the end user.

Any rejection of goods or materials resulting because of nonconformity to the terms and specifications of this order, whether held by the end user or returned, will be at the vendor's risk and expense.

Oral Agreements


No oral statement of any person shall modify or otherwise affect the terms, conditions, or specifications stated in the solicitation or the resultant contract.

All modifications to the contract must be made in writing by the Purchasing Department.

Bid Compliance


The County reserves the right to reject any bid that does not comply with the requirements and specifications of the solicitation.

A bid shall be rejected when the bidder imposes terms or conditions that would modify requirements of the solicitation or limit the bidder's liability to the County.

Evaluation & Award


The County shall evaluate bids in response to this solicitation and will award a contract based on lowest and best criteria in accordance with Oklahoma Statute Title 19, Section 1505.

Acquisition based on lowest and best criteria which include but are not limited to the operational cost to the County, quality and/or technical competency, delivery and/or implementation schedule, maximum facilitation, data exchange and/or integration, warranties, guarantees, return policy, vendor stability, best solution to proposed planning documents and/or strategic program, vendor experience, vendor prior performance, vendor expertise with similar scope, extent and quality of proposed participation and acceptance of all user groups, proven methodology and tools, innovative use of current technologies and quality results by vendor.

The County may (1) reject any or all bids, (2) accept other than the lowest bid, and (3) waive informalities or minor irregularities in bids received.

The County reserves the right to accept by item, group of items, or by the total bid.

The County may award multiple contracts for the same or similar supplies to two or more sources under this solicitation.

Notice of Award


A notice of award letter signed by the Oklahoma County Commissioners will be furnished to each successful bidder and shall result in a binding contract.

The award notice is only a notice to the successful bidder(s).

The bidder must contact the department listed for order information.

No order may be placed without a purchase order issued by Oklahoma County.

Invoicing Instructions


The invoice shall state the name and address of the vendor with a clear description of each item purchase, the unit price when applicable, the number or volume of each item purchased, the total price, the total purchase price, purchase order number, and the date of the purchase.

The vendor shall be paid upon submission of proper invoices to the ordering department at the prices stipulated on the bid/contract.

Invoices shall contain the purchase order number. Failure to follow these instructions may result in delay of processing invoices for payment.

Oklahoma County payment terms are net 30 days from receipt of invoice.

Identification


All invoices, packing lists, packages, shipping notices, instruction manuals, and other written documents affecting this order shall contain the applicable purchase order number.

Prompt Payment Discounts


Discounts for prompt payment will not be considered in the evaluation of bids.

Any discount offered will be annotated on the award and may be taken if payment is made within the discount period.

State & Federal Taxes


Purchases by the County are not subject to any sales tax or federal excise tax.

Exemption certificates will be furnished upon request.

Warranty


The successful bidder agrees that the supplies or services furnished under this contract shall be covered by the most favorable commercial warranties the contractor gives to any customer for such supplies or services; and rights and remedies provided herein are in addition to and do not limit any rights afforded to Oklahoma County by any other term of this contract.

Vendor warrants that articles supplied under this order conform to specifications herein and are fit for the purpose for which such goods are ordinarily employed except that if a particular purpose is stated, the material must then be fit for that particular purpose.

Brand Name or Equivalent


When a brand is named in the solicitation it shall be construed solely for the purpose of indicating the standards of quality, performance, or use desired, unless the term "Brand Name Only" is used in conjunction with the line item(s) in which case only that brand name will be accepted.

Brands of equal quality, performance, and use shall be considered, provided vendor specifies the brand and model and submits descriptive literature when available.

Any bid containing a brand, which is not of equal quality, performance, or use specified must be represented as an alternate and not as an equal, and failure to do so shall be sufficient reason to reject the bid.

Usage Reports


Awarded vendors must submit quarterly usage reports.

Reports shall provide the total dollar amounts sold to all Oklahoma County departments.

Reports shall be submitted quarterly regardless of quantity.

Usage reports shall be delivered to Oklahoma County Purchasing Department, 320 Robert S. Kerr, Suite 117, Oklahoma City, OK 73102, within 30 calendar days upon completion of performance quarter period cited below.

Contract quarterly reporting periods shall be as follows:
  • January 1 through March 31
  • April 1 through June 30
  • July 1 through September 30
  • October 1 through December 31
Failure to provide usage reports may result in cancellation or suspension of contract.

Note: Usage reports apply only to countywide contracts.

No Conflicts Provision


The contractor, by signing this bid/proposal, hereby represents and warrants that the contractor is in compliance with Resolution No. 279-99 adopted by the Board of County Commissioners of Oklahoma County (the "Board") on October 4, 1999, which provides that no officer or employee of Oklahoma County, whether hired, elected or appointed, shall be interested, directly or indirectly, in any contract for services, work, materials, supplies or equipment, or the profits thereof, or in any purchase made for or sales made by, to or with Oklahoma County, and all such contracts in violation of such resolution shall be absolutely void; provided, however, the following shall not be in violation of such Resolution:
  • Contracts entered into by the Board with publicly held corporations.
  • Contracts entered into by the Board that arise from settlements or arrangements of claims or lawsuits brought by or against Oklahoma County that are being prosecuted or defended by the Office of the District Attorney.
  • The depositing of funds or contracts for the depositing of funds in a bank or other depository.
  • Contracts entered into by the Board with an individual or organization that is the only reasonably available source for the work, services, or materials sought by the Board.