Principles | Regulations | Terminology
Oklahoma County general terms and conditions for invitations to bid, requests for proposals, and purchasing.
This is a firm, fixed price contract for the supplies/services specified.
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.
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.
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.
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.
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.
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 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.
All invoices, packing lists, packages, shipping notices, instruction manuals, and other written documents affecting this order shall contain the applicable purchase order number.
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.
Purchases by the County are not subject to any sales tax or federal excise tax. Exemption certificates will be furnished upon request.
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.
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.
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:
Failure to provide usage reports may result in cancellation or suspension of contract.
Note: Usage reports apply only to countywide contracts.
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:
All County purchasing is centralized in the Purchasing Department. Here is a list of definitions that will help vendors with terminology associated with the purchasing process.
Vendors wishing to do business with the County should be included on the "Bidder's List" which is maintained by BidNet. All vendors are eligible for consideration. Vendors wishing to be added to Oklahoma County's "Bidder's List" can subscribe by calling BidNet at 1-800-835-4603.
Removal / Suspension
The Purchasing Agent may remove any vendor on the "Bidder's List" for such period of time as is deemed necessary by the Purchasing Director.
Cause for Removal / Suspension
The following shall be deemed sufficient grounds for removal, suspension, or cancellation of contract:
Notice of removal or suspension may be appealed in writing within 5 working days after notice of removal or suspension.
If no bids are received and a new bid is not issued, the Purchasing Director may solicit telephone quotes from three or more vendors selected at random and select the lowest and best bid.
Formal Requirements on Bid Form
Submitted bids shall be in strict conformity with the instructions to bidders and shall be submitted on the approved form. All bids, quotations, and contracts shall be typewritten or written in ink. Any corrections to this instrument shall be initialed in ink. This form must be made out in the name of the bidder and must be properly executed by an authorized person, in ink, and notarized with full knowledge and acceptance of all provisions.
Bids and any bid amendments thereto shall be submitted in a single envelope, package, or container and shall be sealed. The name and address of the bidder shall be inserted in the lower left corner of the single envelope, package, or container.
*Bid Number and Bid Opening Date Must Appear on the Face of the Single Envelope, Package, or Container.
The General Terms and Conditions of this solicitation, together with the specifications and any other documents made a part of the bid package, shall constitute the entire agreement between the parties.
An amendment will be issued for any changes or waivers of specifications, terms, or conditions of a bid. This amendment must be issued by the Purchasing Department.
Offer Firm for 30 Days
Bid prices will be firm until approved by the Board of County Commissioners or for 30 calendar days from the bid opening date.
Unit & Total Prices
Prices per unit should be clearly shown and extended. Bidder guarantees the unit price to be correct.
Items to Be New
Unless otherwise stated with the solicitation, goods, materials or equipment offered are to be new and of current design.
Alternate bids may be considered if accompanied by complete specifications and pertinent information.
Non-Acceptance of Split Award - "All or None Bid"
The Board of County Commissioners reserves the right to make an award to items or groups of items listed on a bid. If the vendor wishes to bid All or None this must be stated on the bid.
Title & Risk / Loss
Title to goods shall not pass from the vendor until such goods are received by the requesting department's receiving officer. Risk of loss prior to such receipt shall be borne by the vendor.
Firm price should be F.O.B. destination unless otherwise specified. The bidder shall prepay all packaging, handling, shipping and delivery charges.
Inspection & Rejection
All goods and materials shall be subject to inspection by the receiving officer. Any goods not in complete conformance with the contract specifications, defective in material or workmanship, or found to contain latent defects, may be rejected. Such goods are to be removed and replaced by and at the cost of the vendor promptly after notification. The costs of inspection and risk of loss shall be borne by the vendor.
Payment by the County for goods received shall not constitute acceptance if subsequent events reveal latent defects or a failure to meet contract specification. Payment for a partial delivery shall not be deemed acceptance of undelivered goods.
Exemption From Taxes
Purchases made by the County are exempt from state sales taxes (68 Okla. Statute 71&23532) and from federal excise taxes (Chapter #32 of the Internal Revenue Code). These taxes should not be included in price quotation.
Terms are to be such as to allow a minimum of net 30 days for payments.
When a deposit is made by the bidder it is a guarantee that, should they be the successful bidder, they will enter into a contract in accordance with the terms and conditions specified.
Bids must be submitted in a sealed envelope with the name and address of the vendor, the bid number and date and time of closing clearly marked on the outside of the envelope. See illustration.
Where to Submit
Bids are to be mailed or submitted to the Oklahoma County Purchasing Department, 320 Robert S. Kerr, Suite 117, Oklahoma City, OK 73102 between the hours of 8:00 am and 5:00 pm (Central Standard Time) Monday through Friday excluding County observed holidays.
Change / Withdrawal of Bid
A bid may not be changed or withdrawn after it has been received unless changes are to be made by submission of a substitute bid or a letter may be submitted to the Purchasing Director withdrawing a bid before the bid due date which will be returned to the vendor.
Bids received after the due date and time listed on the solicitation will be rejected. Late bids shall not be accepted. Late bids will be returned to the vendor unopened.
Grounds for Rejection
Any bid which does not meet the requirements or specifications of the solicitation, or is unsuitable for the intended use, or does not comply with these rules and regulations may be rejected. The County Commissioners reserve the right to reject any or all bids when such is deemed in the best interest of the County.
Subject to the provisions below, the contract award derived from this Invitation to Bid or Request for Proposal may be terminated by either party upon 30 days advance written notice to the other party; if any work or service hereunder is in progress, but not completed as of the date of termination, then this contract may be extended upon written approval of the county until said work or services are completed and accepted.
Termination of Convenience
This contract award shall be considered to be in force until the expiration date or until 30 days after notice has been given by either party of its desire to terminate the contract.
Termination for Default
Termination by the County for cause, default, or negligence on the part of the bidder shall be excluded from the foregoing provision; termination costs, if any, shall not apply. The thirty (30) days advance notice requirement is waived in the event of Termination for Cause.
Termination Due to Unavailability of Funds in Succeeding Fiscal Years
When funds are not appropriated or otherwise made available to support continuation of performance in a subsequent fiscal year, the contract shall be canceled, and the county will not be obligated to pay the contractor for any amount past the date of notification of termination. The county shall have sole discretion to cancel said contract based on non-appropriation of funds for whatever reason.
Immediate termination shall be administered when violations are found to be an impediment to the function of the County and detrimental to its cause, or when conditions preclude the 30 days notice.
320 Robert S. Kerr Avenue, #117
Oklahoma City, OK 73102
Address: Yanta District, XianShi, Shaanxi, China
Hours: 8:00am-5:30pm (Mon-Fri)
Address: Oklahoma City, OK
Hours: 7 am - 4 pm (M-F)