Contract Agreement
The RRPS does not sign standard contract forms which may
be used by vendors. The bid with the vendor's signature
affixed thereto, shall constitute an offer to sell to
the District under the terms and conditions contained
therein. The delivery of a Purchase Order or Contract
Award with the valid signature constitutes acceptance
of the offer to sell and consummates the binding contractual
agreement.
Correspondence Concerning Bid Invitations
Any questions concerning the Invitation to Bid, Request
for Quotation, Request for Proposal should be directed
to the Purchasing Manager whose name and telephone number
are listed on the document. The person corresponding should
specify the bid, quotation or proposal number, the opening
date, etc.
Bid Errors
Prior to submission of bids, errors may be corrected.
The change should be initialed by the person signing the
bid in the same ink color. No bids shall be altered or
amended after bid opening. In case of errors in the extension
of price, the unit price shall govern.
Modification or Withdrawal of Bids
A bid may be modified or withdrawn by a bidder prior to
the time set for bid opening by delivering written or
telegraphic notice to the Purchasing Manager. After bid
opening, authority to allow for withdrawal of bids is
granted solely at the discretion of RRPS where there is
an obvious error in the bid supported by cost data, or
where enforcement of the bid would impose an unconscionable
hardship due to an error in the bid resulting in a quotation
substantially below the other bids received. Such withdrawal
will be considered only after receipt of a written request
from the vendor.
Late Bids
Bids must be received in the RRPS Purchasing Division
at the address shown on the bid on or before the exact
date and time designated for the bid opening or the bid
will be rejected and placed in the late bid file unopened.
IT IS THE BIDDER'S SOLE RESPONSIBILITY TO ENSURE
THAT HIS/HER BID IS PHYSICALLY RECEIVED AND OFFICIALLY
CLOCKED IN AS A SEALED DOCUMENT BY THE RRPS PURCHASING
DIVISION NO LATER THAN THE OFFICIAL BID OPENING DATE
AND TIME. LATE BIDS ARE NOT RETURNED TO BIDDERS. THE
BIDS ARE AWARDED PURSUANT TO SECTIONS OF THE PROCUREMENT
CODE.
Cancellation of Invitations to Bid
The Purchasing Manager may cancel an Invitation to Bid
in whole, or in part, when it is in the best interest
of RRPS to do so.
Samples and/or Literature
Any samples or descriptive literature requested
must be provided free of charge.
Specifications
Unless a vendor specifies otherwise in his bid, it is
assumed that the vendor is bidding in strict accordance
with the specifications in the Invitation to Bid. When
merchandise is received that does not meet these specifications,
it will be returned to the vendor, shipping charge collect.
Substitutions
Any products delivered that do not meet the specifications
will be returned to the vendor at his expense. When a
shipment or product is returned, the contractor must make
immediate replacement with acceptable merchandise or RRPS
may seek remedies for default.
Right to Protest
In accordance with Section 13-1-172 NMSA 1978, any bidder
or offeror who is aggrieved in connection with a solicitation
or award of a contract may protest to the Purchasing Manager.
The protest must be submitted in writing within fifteen
(15) calendar days after knowledge of the facts or occurrences
giving rise to the protest. The protest shall:
-
include the name and address of the protestant;
-
include the solicitation number;
-
contain a statement of the grounds for protest and
specify the ruling requested from the Purchasing Manager.
Resident Business/Contractors and Manufactures
Preference
Pursuant to the laws of New Mexico, a Resident Business,
Resident Contractor and/or Resident Manufacturer, as those
terms are defined in Subsection A of Section 13-1-21 NMSA
1978 and Section 13-4-2 NMSA 1978, shall be given a 5
percent preference in the awarding of contracts for furnishing
of materials, items of tangible personal property or construction
provided they have qualified with the State Purchasing
Agent either as a Resident Business or Resident Contractor
by making application to the State Purchasing Agent and
receiving from him a CERTIFICATION NUMBER.
Payment for Purchases
The Purchasing Division is responsible only for the contracting
of needed goods and services for school/departments. It
is the responsibility of the ordering agency, when upon
receiving and approving merchandise or services, to initiate
as quickly as possible the necessary paperwork to insure
prompt payment to the vendor.
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