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Bid Terms and Conditions

  • RFP Number:0
  • Start Date:08/26/2016 8:45 AM
  • Close Date:TBD


Marquette County Buildings and Grounds

Invitation to Bid Terms and Conditions

  • Scope- These terms and conditions shall apply to any and all award(s) resulting from a formal bid, except as follows. In the event of a conflict between these terms and conditions and the terms and conditions set for in the bid, the terms and conditions in the bid shall govern. Marquette County will not sign a vendor’s contract and any attempt to use a vendor contract or otherwise alter these terms and conditions will invalidate your bid.

  • Substitutes- Bids on alternate or substitute items “as equal” will be considered (except when the bid specifies “no substitutes”) if full descriptive literature is included. Bidder must specifically highlight or direct Marquette County to the precise place in the literature that demonstrates all of the specifications are equal. Bidder must specifically circle and explain any deviations from the bid specifications. The responsible department head for the Bid will determine an item meets the specifications for the bid.

  • Business Days- Means, when the FOB destination is a specific department, the day(s) that there is regular scheduled work hours according to the county calendar for that department, located on the county website portal at www.co.marquette.wi.us.

  • Contract- Contract means the legally binding instrument containing all of the terms and conditions that govern a purchase resulting from a bid form. The term “Contract” is used interchangeably with the Purchase Order.

  • Contractor- Means the bidder to whom an award is made. This term is used interchangeably with “successful bidder” or “Vendor”.

  • Choice of Law/Forum- Marquette County, Wisconsin shall be the sole forum for all disputes and Wisconsin law shall be sole choice of law.

  • Non-Appropriations- The failure of the County Board to appropriate funds for contract/purchase order shall void the contract.  

  • Indemnification- The successful bidder shall indemnify and hold harmless Marquette County, its agents, officers, and employees against all liabilities, losses, judgements, decrees, costs, and expenses that may be claimed against Marquette County a result of granting of this contract/purchase order to the successful bidder, or may result from the careless or neglect of the successful bidder, its agents, or employees. If judgement is recovered against Marquette County in suits of law or equity for any reason, including by reason of the carelessness, negligence, or acts or omissions of the successful bidder, against such persons, firms or corporations carrying out the provisions of the contract/purchase order, the successful bidder assumes full liability for such judgement, not only as to any monetary award, but also as to the costs, attorney’s fees or other expenses resulting therefrom.

  • Waiver- One or more waivers by any party of any term of the contract shall not be construed as a waiver of a subsequent breach of the same or any other term. The consent or approval given by any party with respect to any act by the other party requiring such consent or approval shall not be deemed to waive the need for further consent or approval of any subsequent, similar act by such party.

  • Taxes- Bids shall not include Federal Excise and Wisconsin Sales Taxes as Marquette County is exempt from payment of such taxes.

  • Packaging- Materials shall be clearly labeled and packaged in accordance with Federal and Wisconsin requirements and as specified in the terms and conditions of the Request for Bid.

  • Delivery- All bid prices must include delivery FOB destination to the Marquette County location receiving the goods and freight must be prepaid. All deliveries must be inside the receiving location building. Any separate line items for freight, shipping, processing, handling or like charges listed on an invoice will be deleted and NOT PAID. If there is a freight increase prior to delivery of the goods, any additional cost must be at the contractor’s expense.

    Failure of the successful bidder to adhere to delivery schedules as specified gives rise to an automatic right of Marquette County to cancel the contract/purchase order, replace the goods and charge the successful bidder with the difference between the replacement costs and the bid price.

  • Delays in Delivery- Delays in delivery caused by any bona fide strikes, government priority or requisition, riots, fires, sabotage, acts of God, or any other delays deemed by the purchasing Departments Department Head to be clearly and unequivocally beyond the contractors control will be recognized by Marquette County. The successful bidder may be relived of the responsibility of meeting the delivery time as stipulated in the contract upon the bidders filing with the purchasing departments department head just and true statements requesting an extension of delivery, signed by the contractor, and giving in detail all the essential circumstances which upon verification by Marquette County, justly such action under the provisions of this section by the purchasing departments department head.  The request must be filed with the purchasing departments department head no later than seven calendar days prior to the actual delivery date. Failure to file this request for delivery extension shall render the contractor liable for the difference between the replacement costs and the contract price, and other costs, as applicable, under the Uniform Commercial Code.

  • Cancellation- Marquette County reserves the right to cancel any order or contract for failure of the successful bidder to comply with terms, conditions and specifications of the resulting contract. IN such instances, the defaulting bidder shall be liable to Marquette County for any costs to Marquette County in excess of the default over contract price.

  • Rejection- Marquette County reserves the right to reject any items that not to conform to the Request for Bid and/or the specifications. All return freight charges associated with the rejected materials shall be borne by the vendor.

  • Patents- Any contract arising from this bid shall be given upon the condition that Marquette County is protected by the contractor against liability, loss or expenses by reasons of any patent or trademark litigation now existing or hereafter instituted, arising out of any alleged infringement of patent or trademark on merchandise herby ordered, or any part thereof.

  • New Equipment- Unless otherwise specified in the bid, all equipment bud shall be new, unused and not previously titled. Units classified as factory rebuilt, prototype of discontinued are not acceptable.

  • Warranties- Any and all warranties must be valid in the United States.

  • Unsuitable Equipment- Bids will not be considered for equipment that has previously failed to perform satisfactorily.

  • Reservations- That right is reserved to accept or reject in whole or part any or all bids; to award within 10% of total quantities requested; and award items separately or in total, if not stated otherwise, whichever is in the best interest of Marquette County.

  • Safety Requirements- All material, equipment and supplies provided to Marquette County must comply fully with all safety requirements as set forth by the Wisconsin Administrative Code, Rules of the Industrial Commission on Safety, and all applicable OSHA Standards. All electrically-powered equipment must be UL listed or Marquette County approved equivalent.

  • Withdrawal/Replacement of Bids- Bids may be withdrawn only on total and only by written request to the appropriate purchasing departments department head on the bid prior to bid opening. Prior to bid opening, bids may be amended by submitting a later dated bid that specifically states that it is amending, and thereby replacing, an earlier bid. No bid may be amended after the bid opening.

  • Substitutions and Equivalents- Substitutions of equivalents of specified items may be permitted by sole discretion by the purchasing departments department head.

  • Amendment Bids- Bids may be amended prior to opening. Amendments will be posted to the Marquette County website at www.co.marquette.wi.us. Bidders are responsible for checking this site prior to the opening date and will be presumed to comply with any amendments.

  • Counter Offer- Counter offers, changes, to any terms, conditions, specifications or plans stated herein, made without approval from the purchasing departments department head shall result in bid rejection.

  • Responsive Bidders- Prior to award, Marquette County may require submission by bidder of proof of financial stability/ability and experience in performance of similar obligations, Quantities involved, time of delivery, purpose for which required, competency of bidder and ability to render satisfactory service in a past performance will be considered in determining status as a responsible bidder.

  • Assignment- No contract may be assigned, sublet or transferred without the prior written consent of the Marquette County purchasing departments department head.

  • Prices- Bid prices shall be stated in the units and extended as requested. Prices shall be firm and binding for 60 calendar days following bid opening date.

  • Compliance with Marquette County Code of Ethics-  Successful bidder during the period of this shall not hire, retain or use for compensation any member, officer, or employee of Marquette County to perform services under this Contract, or any other person who, to the knowledge of the successful bidder, has a conflict of interest. Successful bidder herby attests it is familiar with Marquette County Code of Ethics, providing in pertinent part,”[a]n employee of Marquette County may not accept any gift or gratuity in excess of $25.00 annually from any person, persons, group or any firm which does business with or is attempting to do business with Marquette County.

  • Livable Wages- Successful bidder shall adhere to the Marquette County’s Livable Wage Policy that requires all contractors to pay their employees a minimum of Wisconsin States minimum wage per hour.

  • Appeal- If the resulting contract is for appeal for $5,000.00 or more, the successful bidder agrees to provide only items manufactured by responsible manufactures and to require the same of any subcontractor.

  • Tie Bids- In the event of a tie bid where two or more bids are judged equal, consideration will first be given to a vendor located within Marquette County, second to a vendor located in an adjacent county, third to a vendor located within the State of Wisconsin. If these considerations do not provide a winner, the award should be made by a witnessed and documented flip of a coin.

  • Non Discrimination- Contractors and suppliers are obligated not to discriminate against any employee or applicant for employment because of race, color, religion, handicap, national origin, sex, age, or socio-economic status. This obligation shall include but not limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship.

  • Health and Dental Benefits- Marquette County encourages its contractors to provide health and dental benefits to their employees on a voluntary basis. 

Dated 4/6/16


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